NATIONAL ROAD TRAFFIC ACT 93 OF 1996

(1) A person or body of persons desiring to operate a testing station as contemplated in section 38, shall declare such intention in writing in an affidavit or an affirmation and submit such affidavit or affirmation and the fee as determined by the MEC concerned, to the MEC concerned.

(2) The affidavit or affirmation contemplated in subregulation (1) shall contain-

(a) the particulars of every person, or the members or directors of every juristic person in whose name such testing station shall be registered in the event that such application is approved;

(b) the exact location of the proposed testing station;

(d) all matters relevant to the consideration of the suitability of such application, addressed in the agreement to be concluded between the MEC and a testing station proprietor as proposed in Schedule 3.

[Reg. 128 substituted by GN R589/2009]

129. Consideration of suitability of testing station and person or body of persons to operate testing station

(1) The MEC shall consider the application referred to in regulation 128 and shall, without limiting the factors to be considered, take the following into account-

(a) the suitability of the applicant;

(b) the rejection of the applicant to register a testing station, by any other MEC;

(d) the recommendations from the inspectorate of testing stations; and

(e) all matters relevant to the application as contained in the agreement to operate a testing station as proposed in Schedule 3.

(2) The MEC may require or obtain any additional information to decide on the application.

(3) The MEC may require that any applicant or the spouse or partner of the applicant obtain a record of previous convictions from the South African Police Services.

(4) If the MEC is satisfied as to the suitability of the testing station he or she shall notify the applicant in writing of his or her decision to approve the application.

(5) If the MEC is not satisfied as to the suitability of the testing station he or she shall refuse to register such testing station, and shall notify the applicant accordingly and shall provide the applicant with the reasons of such refusal in writing.

(6) A person or body of persons whose application to operate a testing station has been refused by an MEC due to the unsuitability of such person or body of persons, may not apply in any other Province for the operation of a testing station as contemplated in regulation 128 until such person or body of persons complies with the requirements of this Act.

[Subs. (6) substituted by GN R359/2010]

[Reg. 129 substituted by GN R589/2009]

130. Manner of application of approved person or body of persons to register testing station

(1) An application by an approved person or body of persons as contemplated in regulation 129 (4) for the registration of a testing station, shall be made on form TS1 as shown in Schedule 2, and a management representative and alternative management representative shall be identified in respect of the testing station concerned.

Provided that the MEC of a province concerned may exempt a testing station from complying with provisions of this subregulation if he or she determines the area where such station is situated as an area with a small population of motor vehicles.

[Proviso added by GN R359/2010]

(2) An application as referred to in subregulation (1) shall be accompanied by acceptable identification of the applicant and of the management representatives identified under subregulation (1), and such other documentation as required to complete the agreement as proposed in Schedule 3.

[Reg. 130 substituted by GN R589/2009]

131. Requirements to be met for registration of testing station

The requirements for registration of a testing station, are-

(a) compliance with “The minimum requirements for testing stations” as shown in Schedule 4;

(b) the ability to test and examine a motor vehicle in terms of “The testing and examination of motor vehicles” as shown in SANS 10047: Testing of motor vehicles for roadworthiness, as contemplated in regulation 140;

(c) a signed agreement between the MEC and the testing station proprietor reflecting the information of the agreement as proposed in Schedule 3; and

(d) the payment of the fees as determined by the MEC of the province concerned.

[Reg. 131 substituted by GN R589/2009]

132. Manner of registration of a testing station

(1) The MEC shall, upon receipt of an application for registration of a testing station made in terms of regulation 130 with due regard to the evaluation and recommendations of the inspectorate of testing stations, satisfy himself or herself that the testing station concerned complies with the requirements referred to in regulation 131.

(2) If the MEC is satisfied as to the suitability of the testing station in terms of regulations 128 and 130, he or she shall-

(a) subject to the conditions he or she may deem fit, register and, in terms of regulation 135, grade such testing station;

(b) record the particulars of such testing station on the register of testing stations;

(d) provide, upon payment of the fees as determined by the MEC of the province concerned, as many forms necessary for the certification of roadworthiness of motor vehicles as requested by a testing station, if such testing station is not under the control of a registering authority; and

(e) give notice of the registration of the testing station in the provincial gazette concerned.

(3) A certificate of registration issued in terms of subregulation (2)(c) shall be displayed in a conspicuous place where members of the public who make use of the testing station can see such certificate.

(4) A testing station shall only be registered for the premises reflected on form CR and may only be operated by the testing station proprietor in whose name the testing station is registered.

[Reg. 132 substituted by GN R589/2009]

133. Notification of change of particulars of testing station

(1) Subject to the provisions of subregulation (3), the testing station proprietor in whose name the testing station is registered, shall, upon the change of any of the particulars submitted in terms of regulations 128 and 130, notify the MEC and the inspectorate of testing stations of such change on form TS1 as shown in Schedule 2, within 14 days after such change.

(2) The MEC shall, upon receipt of a notification referred to in subregulation (1), update the register of testing stations accordingly.

(3) In the event that the testing station proprietor sell or alienate the testing station, it shall be considered as a new application and the procedure referred to in regulations 128 shall apply.

[Reg. 133 substituted by GN R589/2009]

134. Approval of appointment of examiner of vehicles prior to appointment

(1) A testing station proprietor who desires to appoint an examiner of vehicles at a testing station, shall submit the particulars of such examiner of vehicles to the MEC concerned, for approval.

(2) The MEC shall evaluate the record, registration and grading of the examiner of vehicles referred to in subregulation (1) for his or her suitability to be appointed at the testing station concerned and shall notify the testing station proprietor of his or her decision.

(3) A testing station proprietor shall not appoint an examiner of vehicles, unless the appointment of such examiner has been approved by the MEC.

[Reg. 134 substituted by GN R589/2009]

135. Grades of testing stations

(1) The MEC shall grade a testing station as a grade A or B, as the case may be, if such testing station complies with the appropriate grading requirements when it is evaluated, according to “The minimum requirements for testing stations” as shown in Schedule 4.

(2)

(a) A grade A testing station is authorised to examine and test a motor vehicle of any class in terms of regulation 140 for roadworthiness; and

(b) A grade B testing station is authorised to examine and test a motor vehicle of any class, excluding -

(i) a bus, minibus or goods vehicle the gross vehicle mass of which exceeds 3 500 kilograms; or

(ii) any other motor vehicle the tare of which exceeds 3 500 kilograms.

(3) The MEC may restrict a testing station registered and graded before the date of implementation of this amendment to examine and test only -

(a) vehicles owned and operated by certain persons;

(b) vehicles of certain makes;

(d) vehicles of certain classes;

(e) vehicles with certain dimensions; or

(f) vehicles as may be determined by the MEC concerned.

(4) The MEC may amend the grading of a testing station registered before the implementation of this regulation, if such testing station does not fully comply with the requirements in Schedule 4 and shall do so in terms of the provisions of such schedule.

[Reg. 135 substituted by GN R589/2009]

(Reg. 135 not yet in operation)

136. Manner of suspension or cancellation of registration of a testing station

(1) Subject to subregulation (3), the MEC shall, upon being notified that a registered testing station does not comply with the provisions of this Act, or upon a recommendation of the inspectorate of testing stations that a testing station does not comply satisfy himself or herself of the non-compliance of such testing station.

(2) The MEC shall, in considering the suspension or cancellation of the registration of a testing station on any matter, other than an alleged criminal offence-

(a) notify the testing station proprietor of the failure of such testing station to comply with the requirements of this Act; and

(b) demand from such testing station proprietor to indicate in writing within 14 days from the date of the said notification-

[Words preceding subpara. (i) substituted by GN R359/2010]

(i) the reason for such failure; and

(ii) the details of the measures that have been taken to rectify and prevent such failure.

(3) If the MEC has an affidavit or an affirmation on any alleged criminal offence committed by any testing station proprietor or an employee, agent or manager of such testing station, he or she may immediately suspend the registration of such testing station and seize any records and unused documents of such testing station.

(4) If the MEC is not satisfied with the reason or measures referred to in subregulation (2)(b), he or she shall inform the proprietor referred to in paragraph (2)(a) and may-

(a) suspend, or

(b) cancel, the registration of such testing station.

(5) If the MEC suspends or cancels the registration of a testing station, he or she shall-

(a) notify such testing station proprietor of such suspension or cancellation and the reason therefor and, in the case of suspension, the period thereof; and

(b) give notice in the Provincial Gazette of the cancellation referred to in paragraph (a).

(6) The person referred to in paragraph (2)(a) whose testing station registration has been cancelled, shall within three days after having been notified of such cancellation, submit to the MEC-

(a) the certificate of registration referred to in regulation 132(2)(c) issued in respect of such testing station; and

(b) a reconciliation of forms held and issued, and blank forms.

[Reg. 136 substituted by GN R589/2009]

(Reg. 136 not yet in operation)

137. Duties of a testing station proprietor

A testing station proprietor shall-

(a) notify the MEC of the province concerned within 14 days of any change in particulars or circumstances in relation to any information provided to the MEC on the testing station;

[Para. (a) substituted by GN R359/2010]

(b) exercise proper control over the management representative, examiner of vehicles or officer employed at such testing station;

(c) ensure that motor vehicles tested at such testing station are tested and examined in accordance with the provisions of this Act and prescribed standards;

(d) ensure that all records are kept as required by the Act;

(e) ensure that all records, tax clearance certificates and calibration tables are submitted to the relevant MEC; and

(f) ensure that all documents required in terms of the Act and SABS specifications are kept up to date and all amendments recorded.

[Reg. 137 substituted by GN R589/2009]

137A. Duties of a management representative

A management representative shall-

(a) ensure that every vehicle tested at the testing station, is tested in accordance with the provisions of the Act; and

(b) if he or she is not the testing station proprietor, report possible deviations from the Act, by any examiner employed at such Station to the testing station proprietor.

[Reg. 137A inserted by GN R589/2009]

137B. Act or omission of management representative, examiner of Vehicles or employee employed by testing station proprietor

(1) Whenever any management representative, examiner of vehicles or employee of a testing station commits or omits an act which would have constituted an offence in terms of this Act if the testing station proprietor had committed or omitted such act, that testing station proprietor shall, in the absence of evidence-

(a) that he or she did not connive at or permit such act or omission;

(b) that he or she took all reasonable measures to prevent an act or omission of the nature concerned; and

(c) that an act or omission of the nature of the act or omission charged, did not fall within the scope of the authority of or the course of the employment as such manager, agent or employee, be deemed himself or herself to have committed or omitted that act and be liable to be convicted and sentenced in respect thereof.

(2) Whenever any management representative, examiner of vehicles or employee of a testing station, commits or omits any act which would have constituted an offence in terms of this Act if the testing station proprietor had committed or omitted it, such manager, agent or employee shall be liable to be convicted and sentenced in respect thereof as if he or she were such testing station proprietor.

[Reg. 137B inserted by GN R589/2009]

137C. Transitional provision for registering testing station operating without agreement

A testing station that was registered prior to the implementation of this provision, shall comply with the provisions of regulation 131(c) from a date, 12 months after implementation of this regulation.

[Reg. 137C inserted by GN R589/2009]

137D. Fee to defray expenditure incurred by inspectorate of testing stations

(1) A registered testing station shall pay to the inspectorate of testing stations a fee amounting to three per cent of the fee provided for in Schedule 1 to be paid to a registering authority for an application for a roadworthy certificate or certificate of fitness, as the case may be, in respect of each application for which an examination and test was done in terms of the Act by such testing station.

(2) The fee collected in terms of subregulation (1) shall be retained at such testing station and paid to the inspectorate of testing stations on 1 January and 1 July of each year in respect of the examinations and tests performed during the preceding six months.

(3) The inspectorate of testing stations shall submit to the Director-General not later than 1 March of each year a statement of fees received and costs incurred by or on behalf of such inspectorate for the period 1 January to 31 December of the preceding year.

[Subreg. (3) substituted by GN R359/2010]

[Reg. 137D inserted by GN R589/2009]

137E. Powers and duties of the inspectorate of testing stations

(1) The inspectorate of testing stations-

(a) shall, evaluate a testing station in accordance with the requirements referred to in Schedule 4 and recommend to the MEC-

(i) the suitability of such testing station for registration; and

(ii) the grading of such testing station;

(b) shall, in respect of every testing station, conduct at least one inspection per year to monitor the standards applied at every testing station;

(d) shall, when necessary, recommend to the MEC the suspension or cancellation of the registration of a testing station.

(2) A person employed by, or who acts on behalf of, the inspectorate of testing stations, may at any reasonable time-

(a) inspect, examine or test any motor vehicle; and

(b) without prior notice -

(i) enter the premises of any testing station;

(ii) inspect any records of the testing station referred to in subregulation 1 (a)(i); and

(iii) question any person with regard to any matter relating to the operation of the testing station referred to in subregulation (1).

[Reg. 137E inserted by GN R589/2009]

138. Certification of roadworthiness required in certain circumstances

(1) Subject to subregulations (2) and (3), a registering authority shall not issue a licence disc in respect of a -

(a) used motor vehicle of which the owner has changed;

(b) motor vehicle in respect of which a notice to discontinue operation was issued as referred to in section 44 of the Act;

(d) motor vehicle referred to in regulation 31(1), which was reconstructed or altered;

(e) motor vehicle imported into the Republic by an importer who is not required to be registered as such under these regulations;

(f) motor vehicle manufactured, built, modified or imported by a manufacturer, builder or importer which is not registered in terms of regulation 40(2);

(fA) a motor vehicle referred to in regulation 41(a)(iii), 41(b)(ii), 41(b)(iii) and 41(b)(iv);

[Para. (fA) substituted by GN R404/2007]

(g) motor vehicle referred to in regulation 142(1), in respect to which a roadworthy certificate must be held;

(h) motor vehicle referred to in regulation 8(2)(e) in respect of which the certificate referred to in that regulation does not contain the model number referred to in that regulation;

(i) motor vehicle which has been found to be unroadworthy as referred to in regulation 147(6)(a); or

(j) motor vehicle regarded to be unroadworthy in terms of regulation 147(7)(a) due to no reaction within 35 days after issue of a notice referred to in the said regulation,

[Para. (j) substituted by GN R1113/2010. GN R1113/2010 subsequently revoked by Gen 118/2011. Para. (j) substituted by GN R53/2011 and GN R541/2011]

(k) motor vehicle which is 10 years and older as from a date to be determined by the Minister by Notice in the Gazette, calculated from the first date of registration of such motor vehicle in the Republic excluding any vintage motor vehicle: Provided that such motor vehicle will thereafter be required to be certified roadworthy after every 24 months.

[Proposed amendment: Para. (k) to be added by GN R846/2014 w.e.f. a date to be determined by the Minister]

unless such motor vehicle is certified to be roadworthy as referred to in regulation 141(2), within a period of 60 days prior to such vehicle being licensed.

(2) The provisions of subregulation (1)(a) and (g) shall not apply in respect of a-

(a) motor vehicle which was stolen and of which an insurance company has after the recovery thereof become the owner in terms of an insurance policy;

(b) motor vehicle referred to in regulation 6(c) which was repossessed;

(c) motor vehicle referred to in regulation 21(1) or 21(5), which is specially classified in respect of the payment of motor vehicle licence fees; or

[Para. (c) amended by Gen N 2116/2002 w.e.f. 1/1/2002]

(d) ..........

[Para. (d) deleted by GN R1341/2003]

(3) The provisions of subregulation (1)(a) shall not apply in respect of -

(a) a motor vehicle acquired from a deceased spouse;

(b) a motor vehicle of which the owner changes due to -

(i) the reconstruction of a company;

(ii) the amalgamation of companies;

(iii) the takeover of a company;.

(iv) a scheme of arrangement in terms of section 311 to 313 of the Companies Act, 1973 (Act No. 61 of 1973); or

(v) the reconstruction of a close corporation,

if, in the circumstances referred to in item (i), (ii) (iii) or (iv) a board resolution or member resolution of the company who is the registered owner of such motor vehicle, as the case may be, sanctioning such reconstruction, amalgamation or takeover, or in the circumstances referred to in item (iv) the court order sanctioning such scheme of arrangement, is submitted to the registering authority concerned;

(c) a motor vehicle other than a motor vehicle referred to in regulation 142(1) of which the owner has changed within 60 days after the date of liability for the first licensing of such motor vehicle; or

[Para. (c) substituted by GN R1113/2010. GN R1113/2010 subsequently revoked by Gen 118/2011; Para. (c) substituted by GN R541/2011]

(d) a motor vehicle in the case of which the branch of a business or body of persons is deemed to be the title holder or owner thereof in terms of regulation 6(a), where another branch of that business or body of persons becomes the owner or title holder.

139. Manner of application for certification of roadworthiness

(1) An application for the certification of roadworthiness as referred to in regulation 138 shall be made on form ACR as shown in Schedule 2 at an appropriately graded testing station and shall be accompanied by-

(a) the acceptable identification of the applicant; and

(b) the appropriate fees as determined by the MEC of the province concerned, or in the case where such testing station is not under the control of a registering authority, as determined by such testing station.

(c) in a case of a minibus, midibus or bus first registered on or after 1 July 2012 and operating for reward, a duly completed form VDSCD for the fitment of a vehicle directional stability control device as provided for in terms of regulation 212(o) by an approved fitment centre as shown in Schedule 2.

[Para. (c) added by GN R1113/2010. GN R1113/2010 subsequently revoked by Gen 118/2011; Para. (c) added by GN R541/2011 with effect from a date published by the Minister by notice in the Gazette]

(c) in a case of a minibus, midibus or bus, operating for reward, a duly completed form VDSCD as shown in Schedule 2 for the fitment of a vehicle directional stability as provided for in terms of regulation 212 (o) by an approved fitment centre.

[Para. (c) added by GN R1113/2010. GN R1113/2010 subsequently revoked by Gen 118/2011; Para. (c) added by GN R541/2011 with effect from a date published by the Minister by notice in the Gazette]

[Proposed amendment: Para. (c) to be substituted by GN R846/2014 w.e.f. a date to be determined by the Minister]

(2) On receipt of an application referred to in subregulation (1), the testing station concerned shall determine the date, time and place for the examination and testing of the motor vehicle concerned.

140. Examination and testing of motor vehicle for roadworthiness

(1) An appropriately graded examiner of vehicles shall examine and test the motor vehicle referred to in regulation 139(2) as prescribed in code of practice SABS 047 “Testing of motor vehicles for roadworthiness”.

(2) (a) A motor vehicle presented for an examination and test shall be clean and all parts

to be examined shall be free from excessive grease, oil and dirt.

(b) If a motor vehicle to which regulations 273 to 283 applies is presented for an examination and test, the containment system of such motor vehicle shall be purged so that the vehicle can be safely examined and tested and re-filled with any other substance.

(c) A motor vehicle equipped with full air braking systems registered for the first time on or after 15 July 1987, shall be presented for an examination and test with test connections designed in accordance with standard specification SABS 1207 “Motor Vehicle Safety Standard Specification for Braking”, fitted to the front circuit and before and after any load sensing valve, and such test connections shall be in good working order.

141. Manner of certification of roadworthiness

(1) The examiner of vehicles shall, after the examination and testing of a motor vehicle, provide the applicant with the original form RTS as shown in Schedule 2.

(2) If the examiner of vehicles is satisfied that the motor vehicle is roadworthy and that the chassis number or engine number of the motor vehicle has not been tampered with, obliterated, mutilated or altered, the testing station shall upon payment of the appropriate fee as determined by the MEC of the province concerned, or in the case where such testing station is not under the control of a registering authority, as determined by such testing station,

(a) certify that the motor vehicle is roadworthy by-

(i) in the case of a motor vehicle registered in the Republic, updating the particulars pertaining to such motor vehicle in the register of motor vehicles; or

(ii) in the case of a motor vehicle not registered in the Republic, issuing the applicant with form CRW, as shown in Schedule 2; and

(b) if the motor vehicle is registered in the Republic, advise the applicant that the motor vehicle is to be licensed.

[Subreg. (2) substituted by GN R1341/2003]

Provided that in a case of a minibus, midibus or bus, first registered on or after 1 July 2012 operating for reward, the examiner of motor vehicles shall, before certifying such motor vehicle as roadworthy as contemplated in regulation 139(c), request a duly completed form VDSCD by an approved fitment centre as shown in Schedule 2.

[Proviso inserted by GN R1113/2010. GN R1113/2010 subsequently revoked by Gen 118/2011; Proviso inserted by GN R541/2011]

(3) (a) If the chassis number or engine number of the motor vehicle referred to in

subregulation (2) has, in the opinion of the examiner of vehicles, been tampered with, obliterated, mutilated or altered, the applicant referred to in subregulation (1) shall submit a South African Police Service clearance in respect of such vehicle.

(b) Upon submission of the South African Police Service clearance, the testing station shall, if satisfied that the motor vehicle is roadworthy, certify the motor vehicle as roadworthy as contemplated in subregulation (2).

(4) If the examiner of vehicles is not satisfied that the motor vehicle is road worthy, such examiner may allow the applicant to have one retest for such motor vehicle, within a period fixed by him or her, but not exceeding 14 days after the date of such examination and testing, to remedy any defect in such vehicle, and if such examiner of vehicles is thereafter so satisfied, he or she shall act in terms of subregulation (2).

[Subreg. (4) substituted by GN R1113/2010. GN R1113/2010 subsequently revoked by Gen 118/2011; Subreg. (4) substituted by GN R541/2011]

(5) Notwithstanding the provisions of subregulation (2), an examiner of vehicles authorised thereto in writing by the testing station concerned may, at any time before the motor vehicle, which is being or has been examined and tested for roadworthiness, is returned to the applicant, examine or re-examine such motor vehicle, and for that purpose-

(a) he or she shall be deemed to be the examiner of vehicles referred to in that subregulation; and

(b) any prior action taken by an examiner of vehicles in respect of such motor vehicle shall be deemed to be of no force and effect.

(6) No person shall wilfully or negligently certify that a motor vehicle is roadworthy if such motor vehicle is not roadworthy.

(7) If a person wilfully or negligently certifies that a motor vehicle is roadworthy when such motor vehicle is not roadworthy, such certification shall be null and void.

(8) No person shall remove, replace or alter the components of a motor vehicle so that the roadworthiness of such motor vehicle is affected if such motor vehicle was certified to be roadworthy, except in the normal course of maintenance or use thereof.

142. Certain classes of motor vehicles requiring roadworthy certificate

(1) A roadworthy certificate shall be required for

(a) a goods vehicle, the gross vehicle mass of which exceeds 3 500 kilograms;

(b) a breakdown vehicle;

(bA) a motor vehicle to which regulations 273 to 283 apply as contemplated in regulation 274: Provided that this provision shall become effective to motor vehicles with a gross vehicle mass of 3 500 kilograms and under, as from 1 December 2001.

[Para. (b) inserted by GN R726/2001]

(d) a minibus-

(i) the gross vehicle mass of which exceeds 3 600 kilograms; or

(ii) which is designed or adapted for the conveyance of 12 or more persons, including the driver; or

(e) a motor vehicle used for the conveyance of persons for reward.

(2) The provisions of subregulation (1) shall not apply to a

(a) motor vehicle referred to in regulation 138(2)(c) or a trailer drawn by a tractor;

[Para. (a) substituted by GN R1341/2003]

(b) motor vehicle which is operated under the authority of a motor trade number, special permit or temporary permit;

(d) motor vehicle owned by the South African Police Service or South African National Defence Force and is designed for combat support and by virtue of such design, does not comply with the provisions of Parts II, III, and IV of Chapter VI.

143. Issue of roadworthy certificate

(1) On receipt of an application for the licensing of the motor vehicle referred to in regulation 142, the registering authority shall, if satisfied that a roadworthy certificate may be issued in respect of the motor vehicle concerned, issue the roadworthy certificate on form RWC, as shown in Schedule 2.

[Subreg. (1) amended by GN R1066/2005 and substituted by GN R846/2014 w.e.f. 31 October 2014]

(2) Subject to section 42(5) of the Act, in the case of a motor vehicle which is not registered in the Republic, form CRW as shown in Schedule 2 issued in terms of regulation 141(2)(b) shall be deemed to be a roadworthy certificate for a period of 12 months from the date of issue thereof.

144. Voidness of roadworthy certificate

(1) Any roadworthy certificate issued contrary to the provisions of this Chapter shall be void.

(2) A roadworthy certificate issued in respect of a motor vehicle shall become void where such motor vehicle is altered in such a manner that the roadworthy certificate no longer correctly describes such motor vehicle; or (b) such alteration affects the terms and conditions of such certificate.

[Subreg. (2) amended by GN R1341/2003 w.e.f. 1/6/2004]

(3) ……….

[Subreg. (3) deleted by GN R1341/2003 w.e.f. 1/6/2004]

(4) ……….

[Subreg. (4) deleted by GN R1341/2003 w.e.f. 1/6/2004]

(5) ……….

[Subreg. (5) deleted by GN R1341/2003 w.e.f. 1/6/2004]

(6) ……….

[Subreg. (6) deleted by GN R1341/2003 w.e.f. 1/6/2004]

(7) The owner of a motor vehicle, shall upon notice that the roadworthy certificate in respect of such motor vehicle is void, immediately destroy the licence disc issued in respect of such motor vehicle and return form RTS and form CRW as shown in Schedule 2, if applicable, to the testing station concerned.

(8) The testing station shall advise the registering authority in whose area of jurisdiction such testing station is situated that the roadworthy certificate is void and such registering authority may require a traffic officer or an inspector of licences to locate and inspect the motor vehicle concerned to ensure that the licence disc issued in respect of such motor vehicle has been destroyed.

145. Period of validity of roadworthy certificate

(1) A roadworthy certificate issued in respect of a motor vehicle contemplated in regulation 142(1), shall be valid from the date of issue thereof until the date on which the licence disc issued in respect of the motor vehicle concerned becomes null and void as referred to in regulation 22.

Provided that in the case of a bus of which the licence expires after 30 November 2010 the period of validity of the roadworthy certificate shall be six months.

[Proviso added by GN R359/2010]

(2) Notwithstanding anything to the contrary contained in these Regulations, a motor vehicle referred to in subregulation (1), may, during a period of 21 days after the date on which liability for the licensing of such motor vehicle arose in terms of regulation 23(1), be operated on a public road while the licence number allocated to such motor vehicle and the licence disc and roadworthy certificate issued in respect of such motor vehicle prior to the date on which the motor vehicle licence and licence disc and roadworthy certificate became null and void, are displayed in the manner contemplated in regulations 35 and 36.

146. Provisions of Act to prevail

In the event of any conflict between the conditions of a roadworthy certificate and any provision of the Act, the latter shall prevail.

147. Notice in terms of section 3F(a) or section 3I(a) of Act to direct that motor vehicle be taken to testing station

(1) An inspector of licences or a traffic officer may in terms of section 3F(a) or section 3I(a) of the Act, respectively, issue a notice on form NTDVT as shown in Schedule 2 to direct that a motor vehicle be produced at a testing station for inspection, examination or testing.

[Subreg. (1) amended by GN R1066/2005 and substituted by GN R846/2014 w.e.f. 31 October 2014]

(2) The said notice shall-

(a) specify the testing station to which the vehicle shall be taken, but the testing station shall either be under the control of a registering authority, or shall not be under such control, whichever the person to whom the notice is issued, prefers; and

(b) indicate the period within which the vehicle shall be taken to the testing station, but such period shall not exceed 14 days.

(3) The inspector of licences or traffic officer concerned shall ensure that the particulars of the motor vehicle concerned is updated in the register of motor vehicles to the effect that a notice has been issued in terms of this regulation with respect to the vehicle and that the inspector or officer is of the opinion that the vehicle does not comply with the requirements for certification of roadworthiness.

(4) The inspector of licences or traffic officer concerned shall forward a copy of the notice to the testing station referred to in subregulation (2)(a).

(5) The motor vehicle concerned shall be taken, accompanied by the notice, to the said testing station within the period referred to in subregulation (2)(b) to have that notice revoked.

(6) The examiner of vehicles at the said testing station shall inspect, examine or test the vehicle free of charge, and shall-

(a) if the vehicle is found to be unroadworthy, destroy the licence disc or licence and roadworthy certificate disc in force in respect of such vehicle, complete the notice or a copy of it, and return it to the traffic officer or inspector of licences; or

(b) if the vehicle is found to be roadworthy, cancel the notice and notify the traffic officer or inspector of licences accordingly.

(7) The traffic officer or inspector of licences shall ensure that the particulars of the motor vehicle is updated in the register of motor vehicles to the effect-

(a) where subregulation (6)(a) applies, or if no reaction has been received with respect to the notice for a period of 35 days from the date of issue of it, that the motor vehicle is unroadworthy; or

(b) where subregulation (6)(b) applies, that the notice issued in terms of section 3F(a) or section 3I(a) of the Act, has been cancelled.

(Reg. 147 not yet in operation)

148. Notice in terms of section 44 of Act to discontinue operation of motor vehicle

(1) A traffic officer, or examiner of vehicles acting in conjunction with a traffic officer, may in terms of section 44 of the Act, issue a notice on form NTDVT as shown in Schedule 2, to direct that a vehicle shall not be operated on a public road upon the conditions prescribed in subregulation (2), in which event he or she shall remove and destroy the licence disc or licence and roadworthy certificate disc of the motor vehicle.

[Subreg. (1) substituted by GN R846/2014 w.e.f. 31 October 2014]

(2) The said notice may contain conditions to the effect that the vehicle may be operated on a public road for a specified period, which may not exceed 14 days, subject to limitations with respect to speed, route or any other limitation determined by the traffic officer, or examiner of vehicles acting in conjunction with a traffic officer.

(3) The traffic officer, or examiner of vehicles acting in conjunction with a traffic officer, shall ensure that the particulars of the vehicle concerned is updated in the register of motor vehicles to the effect that a notice in terms of section 44 of the Act has been issued with respect to the vehicle, that the vehicle may not be operated on a public road and that the vehicle does not comply with the requirements for certification of roadworthiness.

(4) The motor vehicle concerned shall be taken to a testing station where the vehicle shall be dealt with in the manner contemplated in regulations 139, 140 and 141.

Part II

Equipment on or in respect of vehicles

149. Brakes on motor vehicles

No person shall operate on a public road a motor vehicle, other than a motor cycle, motor tricycle or trailer which is not equipped with a service brake, a parking brake and an emergency brake: Provided that-

(a) the emergency brake and parking brake may be one and the same brake; and

(b) in the case of-

(i) a motor vehicle which is equipped with a service brake consisting of two braking systems, such brake shall, when the systems brake the wheels independently, be deemed to be an emergency brake;

(ii) a steam or electrically driven motor vehicle of which the engine or motor can be reversed, the reversing mechanism may be used instead of an emergency brake; and

(iii) a tractor or haulage tractor, the brakes may be so constructed that the service brake may be used as a parking brake.

[Reg. 149 substituted by GN R846/2014 w.e.f. 31 October 2014]

149A.Anti-theft device fitted to brakes prohibited

(1) No person shall operate on a public road a motor vehicle which, according to the registration thereof, was registered for the first time on or after 1 July 1990, to which is fitted with an anti-theft device which is connected to or in any way interferes with the braking system of such motor vehicle.

(2) The provisions of subregulation (1) will not apply to a motor vehicle which is fitted with an anti-theft device which complies with the requirements of UN ECE Regulation 116 “The protection of motor vehicles against unauthorised use” and which is homologated as such by the National Regulator for Compulsory Specifications.

[Reg. 149A substituted by GN R846/2014 w.e.f. 31 October 2014]

150. Brakes on motor cycle or motor tricycle

No person shall operate on a public road a motor cycle or motor tricycle which is not equipped with two independent braking systems, one of which shall act on the front wheel or wheels and the other which shall act on the rear wheel or wheels and each such system shall have an efficiency at least equivalent to that specified for an emergency brake and when the two systems are applied simultaneously, the combined efficiency shall be at least equivalent to that specified for a service brake.

[Reg. 150 substituted by GN R589/2009]

151. Brakes on trailers

(1) Subject to the provisions of subregulation (4) no person shall operate on a public road a trailer, if-

(a) the gross vehicle mass of such trailer does not exceed 750 kilograms and the gross vehicle mass -

(i) does not exceed half the tare of the drawing vehicle, unless such trailer is equipped with a parking brake or other device to keep such trailer stationary;

(ii) exceeds half the tare of the drawing vehicle but does not exceed such tare, unless such trailer is equipped with a parking brake and either a service brake or an overrun brake; or

(iii) exceeds the tare of the drawing vehicle, unless such trailer is equipped with a parking brake and a service brake;

(b) the gross vehicle mass of such trailer exceeds 750 kilograms but does not exceed 3 500 kilograms and the gross vehicle mass -

(i) does not exceed the tare of the drawing vehicle, unless such trailer is equipped with a parking brake and either an overrun brake or a service brake; or

(ii) exceeds the tare of the drawing vehicle, unless the trailer is equipped with a parking brake and a service brake;

(c) the gross vehicle mass of the trailer exceeds 3 500 kilograms, unless such trailer is equipped with a parking brake and a service brake,

and where more than one trailer is drawn by a drawing vehicle, the foregoing requirements shall apply in respect of each such trailer, and in such event the gross vehicle mass shall be construed as the total of the gross vehicle mass of all trailers so drawn.

[Subreg. (1) substituted by GN R1341/2003]

(2) The service brake of a trailer shall be capable of being operated by the driver of the drawing vehicle while such trailer and drawing vehicle are in motion.

(3) If the service or overrun brake of a trailer is capable of being used as a parking brake, a separate parking brake need not be fitted to such trailer.

(4) Notwithstanding subregulation (1)(c), if a trailer referred to in that subregulation is drawn by a tractor and such tractor is not designed for or capable of operation at a speed exceeding 40 kilometres per hour on a reasonably level road, such trailer may be equipped with an overrun brake in lieu of a service brake.

[Subreg. (4) amended by GN R404/2007]

152. Brakes on pedal cycles

No person shall operate on a public road any pedal cycle unless it is equipped with at least one brake which shall operate on the rear wheel or wheels.

153. Brakes on unspecified vehicles

No person shall operate on a public road any vehicle for which no specific braking system is prescribed in regulations 149 to 156, unless it is equipped with a parking brake or other device for keeping such vehicle stationary.

154. Specifications for brakes

(1) Subject to the provisions of subregulation (2), no person shall, after 1 January 1995, operate on a public road, a goods vehicle, the gross vehicle mass of which exceeds 3 500 kilograms, a mini-bus, bus or tractor which was registered for the first time on or after 1 January 1986, unless the brakes fitted to such vehicle comply with the standard specification SABS 1207 “Motor Vehicle Safety Standard Specification for Braking”, the standard specification SABS 1051 “Motor Vehicle Safety Specification for Braking” or, in the case of a trailer with a gross vehicle mass exceeding 3500 kilograms and registered for the first time on or after 14 February 2004, the specification SABS ECE R13 “Uniform provision concerning approval of vehicle categories N, M and O with regard to braking”.

[Subreg. (1) substituted by GN R881/2004]

(2) No person shall operate on a public road a tractor or a haulage tractor which is not designed for, or capable of operating at a speed exceeding 40 kilometres per hour on a reasonably level road, or a trailer drawn by such tractor, which is registered for the first time on or after 1 July 1999, unless the brakes fitted to such tractor or trailer comply with the standard specification SANS 1447 “Braking (motor and towed vehicles, designed for low speed or for use off public roads)” Part 1: “Low speed vehicles” and Part 2: “Low Speed Trailers” or the standard specification SANS 1207 “Braking”, or the standard specification SANS 1051 “Braking(Part 1: General”, Part 2: “Braking (Response time of braking devices on vehicle fitted with compressed-air braking devices), Part 3: “Braking (Energy sources and reservoirs), Part 4: Braking(Spring brakes), Part 5: Braking (Parking brakes: Mechanically locked brakes cylinder (lock actuator) type) and Part 6: Braking (Distribution of braking effort and compatibility of vehicles in combination).

[Subreg. (2) amended by GN R404/2007 and substituted by GN R846/2014 w.e.f. 31 October 2014]

(3) a minibus, midibus or bus, operating in terms of an operating licence issued in accordance with the provisions of the NLTTA, and registered for the first time after 04 September 2006, shall comply with the requirements of the Type II test contemplated in SANS 1207 “Braking” or SANS 20013 “ Uniform provisions concerning the approval of vehicles of categories M, N and O with regard to Braking”.

[Subreg. (3) added by GN 871/2005 and GN R891/2006]

(4) No person shall operate on a public road a rapid transport bus or a rapid transport bus-train unless it complies with the requirements of SANS 20013 “Uniform provisions concerning the approval of vehicles of categories M, N and O with regard to braking”.

[Subreg. (4) added by GN R359/2010]

155. Braking performance of service, emergency and parking brakes

(1) No person shall operate on a public road a motor vehicle or a combination of motor vehicles which, in terms of these regulations is required to be equipped with-

(a) a service brake, unless such brake at all times-

(i) in the case of a motor vehicle or a combination of motor vehicles which is capable of exceeding a speed of 40 kilometres per hour, when it is applied from an initial speed of 35 kilometres per hour, complies with the requirements for braking performance set out in Table A hereunder; or

(ii) in the case of a motor vehicle or a combination of motor vehicles which is not capable of exceeding a speed of 40 kilometres per hour, when it is applied from the maximum speed which such vehicle or combination is capable of attaining, complies with the requirements for braking performance set out in Table B hereunder.

(b) an emergency brake, unless such brake at all times-

(c) a parking brake, unless such brake, at all times, is capable of keeping such vehicle or combination stationary for an indefinite period with the engine disengaged on a gradient of not more than one in 8,33.

REQUIREMENTS FOR BRAKING PERFORMANCE

TABLE A

Service brake of motor vehicle or combination of motor vehicles capable of exceeding speed of 40 km/h

Initial speed in km/h

Maximum

stopping distance in m

Minimum deceleration in m/s²

Minimum equivalent braking force in N/kg

Light motor vehicle

4,4

Heavy motor vehicle

4,4

TABLE B

Service brake of motor vehicle or combination of motor vehicles not capable of exceeding speed of 40 km/h

Maximum initial speed in km/h	Maximum stopping distance in m	Minimum deceleration in m/s²	Minimum equivalent braking force in N/kg
15	7	1,9	1,9
20	11	1,9	1,9
25	16	1,9	1,9
30	23	1,9	1,9
35	30	1,9	1,9

TABLE C

Emergency brake of motor vehicle or combination of motor vehicles capable of exceeding speed of 40 km/h

Initial speed in km/h

Maximum

stopping distance in m

Minimum deceleration in m/s²

Minimum equivalent braking force in N/kg

Light or heavy motor vehicle

1,9

TABLE D

Emergency brake of motor vehicle or combination of motor vehicles not capable of exceeding speed of 40 km/h

Maximum initial speed in km/h	Maximum stopping distance in m	Minimum deceleration in m/s²	Minimum equivalent braking force in N/kg
15	12	0,95	0,95
20	20	0,95	0,95
25	29	0,95	0,95
30	41	0,95	0,95
35	55	0,95	0,95

(2) Compliance with the requirements contemplated in subregulation (1)(a) and (b) shall be determined by-

(a) actual road tests conducted on a road with a reasonable level, dry, smooth and hard surface which is free from loose material and with the stopping distance measured from the moment the particular brake is applied with the engine disengaged until the vehicle comes to rest; and

(b) a suitable mechanical test.

(3) When testing a brake on a combination of motor vehicles, the brakes of the drawn vehicle or vehicles shall be applied at the same moment as the brakes of the drawing vehicle.

(4) Where in any prosecution for a contravention of subregulation (1) the question arises whether a motor vehicle or a combination of motor vehicles travelled at a particular speed, the speed indicated by the speedometer of such vehicle or combination shall, in the absence of evidence to the contrary, be deemed to be correct.

(5) For the purposes of this regulation-

(a) “light motor vehicle” means-

(i) a motor-car;

(ii) a motor vehicle with a gross vehicle mass not exceeding 3500 kilograms; or

(iii) any other motor vehicle with a tare not exceeding 3 500 kilograms,

but does not include a bus, minibus, midibus or goods vehicle; and

(b) “heavy motor vehicle” means a motor vehicle which is not a light motor vehicle.

[Reg. 155 amended by GN R404/2007 and substituted by GN R846/2014 w.e.f. 31 October 2014]

156. Condition and operation of brakes

(1) A brake required in terms of these regulations, shall-

(a) be in good working order and condition whenever the vehicle to which it is fitted is operated on a public road; and

(b) when tested in terms of regulation 155, except in the case of a motor cycle with side-car, act with approximately equal intensity on the wheels symmetrically placed in relation to the longitudinal centre-line of the vehicle.

(2) No person shall operate on a public road a motor vehicle equipped with a service brake which is operated solely by air or vacuum pressure, unless there is fitted in the driving compartment of such vehicle a device (other than a gauge indicating pressure) whereby the driver of the vehicle is given visible or audible warning of incorrect air or vacuum pressure before the pressure becomes such that the brake is incapable of stopping the vehicle as contemplated in regulation 155.

(3) If a drawn vehicle is equipped with a service brake operated solely by air or vacuum pressure, the device referred to in subregulation (2) shall be fitted in the driving compartment of the drawing vehicle.

157. Vehicles to be equipped with certain lamps and times when certain lamps to be lighted

(1) No person shall operate on a public road a motor vehicle unless-

(a) all lamps fitted to a motor vehicle as contemplated in regulations 159 to 184, are undamaged, properly secured, and capable of being lighted at all times; and

(b) the head lamps, rear lamps and number plate lamps are kept lighted during the period between sunset and sunrise and at any other time when, due to insufficient light or unfavourable weather conditions, persons and vehicles upon the public road are not clearly discernible at a distance of 150 metres: Provided that the provisions of this paragraph shall not apply to a motor vehicle parked off the roadway of a public road or in a parking place demarcated by appropriate road traffic signs or within a distance of 12 metres from a lighted street lamp illuminating the public road on which such vehicle is parked.

(2) No person shall operate on a public road a motor cycle, a motor cycle with a side car, a motor tricycle or motor quadrucycle, unless the headlamp of such vehicle is lighted at all times: Provided that the provisions of this subregulation shall not apply to a motor cycle, motor cycle with side car, motor tricycle or motor quadrucycle manufactured before 31 December 1960 which is used only during the period from sunrise to sunset.

(3) A person operating a motor vehicle on a public road shall extinguish the main-beam of the light emitted by the head lamp of such vehicle if such main-beam could cause a dangerous glare to oncoming traffic.

158. Visibility distance of lights

(1) Where provision is made in regulations 157 to 184, as to the distance from which certain lights and devices shall render objects visible or the distance within which such lights or devices shall be visible, such provision shall apply during the times stated in regulation 157(1)(b) in respect of a vehicle when upon a straight, reasonably level, unlighted public road in clear weather, unless a different time or condition is expressly stated.

(2) Every lamp required to be fitted or to be used in terms of any of these regulations shall emit a light of sufficient brilliance to be visible from a distance of at least 150 metres to a person of normal eyesight.

159. Head lamps

(1) No person shall operate on a public road-

(a) a motor vehicle, other than a motor cycle, a motor tricycle with one wheel in front or trailer, unless it is equipped in front on each side of its longitudinal centre-line with-

(i) one head lamp capable of emitting a main-beam and a dipped-beam;

(ii) one head lamp capable of emitting a main-beam and one head lamp capable of emitting a dipped-beam; or

(iii) one head lamp contemplated in item (i) or head lamps contemplated in item (ii) and an additional head lamp capable of emitting a main-beam;

(b) a motor cycle without a side-car or a motor tricycle with one wheel in front, unless it is equipped in front with-

(i) one head lamp capable of emitting a main-beam and a dipped-beam,

(ii) one head lamp capable of emitting a main-beam and one head lamp capable of emitting a dipped-beam, both of which are fitted in the same vertical plane; or

(iii) two headlamps, each capable of emitting a main-beam and a dipped-beam, both of which are fitted in the same horizontal plane, or

(i) the motor cycle is equipped in front with one head lamp contemplated in paragraph (b)(i) or head lamps contemplated in paragraph (b)(ii) or (iii); and

(ii) the side-car is equipped with one parking lamp which complies with the provisions of regulation 164 or with one head lamp contemplated in paragraph (b)(i), subject to the proviso to regulation 161 (4)(a).

(2) At least one head lamp contemplated in subregulation (1)(a) capable of emitting a dipped-beam or a parking lamp complying with the provisions of regulation 164 shall be so fitted on each side of the longitudinal centre-line of the motor vehicle concerned that the portion of the illuminating surface thereof furthest from the longitudinal centre-line of the motor vehicle is not more than 400 millimetres from the outer edge of the front of the motor vehicle.

(3) The main-beam and dipped-beam of a head lamp fitted to a motor vehicle first registered on or after 1 January 2002, shall comply with the requirements of standard specification SANS 1046 “Motor vehicle safety: lights and light signalling devices installed on motor vehicles and trailers”, and standard specification SANS 1376 “Lights for motor vehicles”, Part 2: “Head lights”: Provided that the height of the dipped beam and headlamp of a light motor vehicle shall not exceed 1400 millimetres measured from the ground to the centre of the lamp.

[Subreg. (3) amended by the addition of the proviso by GN R846/2014 w.e.f. 31 October 2014]

160. Main-beam

Every head lamp emitting a main-beam of light shall be so adjusted and maintained that-

(b) it can be extinguished by the use of a device which simultaneously shall cause or allow the dipped-beam of light to be emitted or continue to be emitted from a head lamp.

161. Dipped-beam

(1) Every head lamp emitting a dipped-beam of light which, when projected onto a vertical screen, shows a beam pattern with a sharp, clearly defined cut-off line diagonal to the left (hereinafter referred to as the “diagonal cut-off line”) and horizontal to the right (hereinafter referred to as the “horizontal cut-off line”), shall be so adjusted and maintained that, when the motor vehicle concerned is on a reasonably level road such beam at the horizontal cut-off line shall-

(a) slant downwards at a percentage inclination of at least 0,5 percent which percentage inclination shall be calculated in accordance with the formula-

(h₁-h₂) x 100, and

(b) strike the road surface ahead of the motor vehicle within a distance in metres calculated in accordance with the formula 200 x h₁

(2) In the formulae referred to in subregulation (1)-

(a) “h₁” represents the height in metres of the head lamp measured to the centre of the head lamp vertically from ground level;

(b) “h₂” represents the height in metres of the horizontal cut-off line measured vertically from ground level at the screen contemplated in subregulation (1); and

(c) “L” represents the distance in metres of the screen contemplated in subregulation (1) measured horizontally from the head lamp as illustrated hereunder.

Click here to see image

(3) Every head lamp emitting a dipped-beam of light which, when projected onto a vertical screen, shows a symmetrical light-pattern or does not have a diagonal and horizontal cut-off line, shall be so adjusted and maintained that when the motor vehicle concerned is on a reasonably level road, the centre of the intense part of such beam shall slant downwards to strike the road surface ahead of the motor vehicle within a distance not exceeding 45 metres.

(4) Every head lamp emitting a dipped-beam of light shall be so adjusted and maintained that-

(a) it shall be capable of adequately illuminating an area ahead of the motor vehicle concerned enabling the driver to see any person, vehicle or substantial object at a distance of at least 45 metres ahead of the motor vehicle: Provided that the provisions of this paragraph shall not apply to a head lamp emitting a dipped-beam of light fitted to the side-car of a motor cycle;

(b) it does not cause a dangerous glare to oncoming traffic on a reasonably level road; and

(c) the intersection of the diagonal and horizontal cut-off lines of a dipped-beam referred to in subregulation (1), or the centre of the intense part of a dipped beam referred to in subregulation (3), shall not deflect to the right.

161A. Daytime running lamp

(1) Any motor vehicle, except a trailer, may be fitted with daytime running lamps.

(2) Daytime running lamps shall be fitted-

(a) not less than 250 millimetres or more than one comma five metres above the ground level; and

(b) towards the front of the motor vehicle in such a manner that the light emitted from such lamp does not cause discomfort to the driver, either directly or indirectly through any of the rear-view mirrors or any other reflecting surfaces of such vehicle.

(3) Daytime running lamps shall be connected in such a manner-

(a) that the rear lamps are on or not on at the same time as the daytime running lamps; and

[Para. (a) substituted by GN R846/2014 w.e.f. 31 October 2014]

(b) that they switch off automatically when the head lamps are switched on, except when the headlamps are used to give intermittent luminous warnings at short intervals.

162. Lights to be displayed on stationary or parked motor vehicle

Subject to the proviso to regulation 157(1)(b), no person shall on a public road stop or park a motor vehicle unless-

(a) the head lamps thereof emit a dipped-beam of light complying with the provisions of regulation 161 or a beam of light complying with the provisions of regulation 164 is emitted from parking lamps incorporated in such head lamps; or

(b) if the head lamps thereof are extinguished, light is emitted from two fog lamps or parking lamps complying with the provisions of regulation 163 or 164, respectively.

163. Fog lamps

(1) A motor vehicle may be equipped at the front and at the rear or at the front or rear with-

(a) one fog lamp; or

(b) two fog lamps, one on each side of the longitudinal centre-line of the motor vehicle.

(2) No person shall operate on a public road a motor vehicle which, in terms of subregulation (1) is equipped with a fog lamp or fog lamps, unless-

(a) every fog lamp at the front is so adjusted and maintained that it shall only be capable of emitting a dipped-beam of light complying with the provisions of regulation 161(3) and (4); or

(b) the fog lamp or lamps at the rear can only be brought into operation when any fog lamp at the front or any head lamp of such vehicle is brought into operation.

(3) No fog lamp contemplated in subregulation (1) shall be fitted-

(a) at the front of a motor vehicle with the highest point of its illuminating surface above the highest point of the illuminating surface of a head lamp emitting a dipped-beam of light; or

(b) at the rear of a motor vehicle with the lowest point of its illuminating surface less than 250 millimetres and the highest point thereof more than one metre from ground level.

(4) If -

(a) a motor vehicle, other than a motor cycle and motor tricycle with one wheel in front, is in terms of subregulation (1)(a) equipped with one fog lamp at the front, a parking lamp or parking lamps complying with the provisions of regulation 164, shall be fitted to the motor vehicle concerned in such a manner that every parking lamp shall be brought into operation simultaneously with the fog lamp; or

(b) a motor vehicle is in terms of subregulation (1)(b) equipped with two fog lamps at the front and any such lamp is so placed that the portion of its illuminating surface which is furthest from the longitudinal centre-line of the motor vehicle, is further than 400 millimetres from the outer edge of the front of such vehicle, a parking lamp or parking lamps complying with the provisions of regulation 164 shall be fitted to the motor vehicle and in such a manner that every parking lamp shall be brought into operation simultaneously with the fog lamps.

(5) No fog lamp shall be fitted to the side-car of a motor cycle at the front, unless the motor cycle concerned is equipped with a fog lamp complying with the provisions of this regulation or with a parking lamp complying with the provisions of regulation 164 and which can be brought into operation simultaneously with the fog lamp on the side-car: Provided that if a fog lamp is only fitted to the motor cycle at the front, the side-car shall be equipped with one parking lamp referred to in regulation 159(1)(c)(5) and such parking lamp shall be capable of being brought into operation simultaneously with such fog lamp.

(6) No person shall operate on a public road, a motor vehicle while any fog lamp fitted to such vehicle is lit, except in conditions of poor visibility caused by snow, fog, mist, dust or smoke.

164. Parking lamps

(1) A motor vehicle may be equipped-

(a) in front with one or two parking lamps which shall be visible directly from the front;

(b) at the rear with one or two parking lamps which shall be visible directly from the rear; or

(2) Any parking lamp-

(a) contemplated in subregulation (1)(a), may form part of a head lamp contemplated in regulation 159, a fog lamp contemplated in regulation 163 or a front position lamp contemplated in regulation 166; and

(b) contemplated in subregulation (1)(b), may form part of a fog lamp contemplated in regulation 163, a rear lamp contemplated in regulation 168 or a stop lamp contemplated in regulation 169.

(3) If a motor vehicle is, in terms of subregulation (1), equipped at the front or at the rear with-

(a) one parking lamp, such lamp shall be fitted on the right side of the motor vehicle; or

(b) two parking lamps, one parking lamp shall be fitted on each side of the longitudinal centre-line of the motor vehicle, so that the portion of the illuminating surface thereof furthest from the longitudinal centre-line of the motor vehicle is not further than 400 millimetre from the outer-edge of the front or rear of the motor vehicle, as the case may be: Provided that in the case of a motor vehicle registered prior to 1 July 1990 the portion of illuminating surface of the parking lamp furthest from the longitudinal centre-line of the motor vehicle may be not further than 500 millimetres from the outer-edge of the front or rear of the motor vehicle.

165. When parking lamps to be kept lighted

(1) No person shall operate on a public road a motor vehicle if on any side of the longitudinal centre-line thereof no head lamp in use is so placed that the portion of its illuminating surface furthest from such centre-line is within 400 millimetres from the outer-edge of the front of the vehicle, unless a parking lamp fitted to that side of the vehicle and complying with regulation 164 is kept lighted.

(2) No person shall operate on a public road a motor vehicle of which only the parking lamps are lighted while such vehicle is in motion.

166. Front-position lamps

(1) No person shall operate on a public road a motor vehicle or a combination of motor vehicles, other than a motor cycle, if any of the outer edges of the widest part of such vehicle or combination or any load thereon projects more than 400 millimetres beyond the illuminating surface of any outermost lamp to the front of such vehicle or combination of motor vehicles which is nearest to such edge, unless there is fitted on each side of such widest part one front-position lamp which shall be visible directly from the front.

(2) The front position lamps contemplated in subregulation (1)-

(a) shall be fitted as near as possible to, but not more than 400 millimetres, or in the case of a trailer, converter dolly or adapter dolly not more than 150 millimetres, from the outer-edges of the widest part of the motor vehicle or combination of motor vehicles concerned or any load thereon, and shall not be less than 350 millimetres or more than two comma one metres above the ground level: Provided that a motor vehicle first registered prior to 1 January 1985 may have such lamps fitted less than 350 millimetres above the ground but such lamps shall be fitted as high as possible; and

(b) shall emit a white light.

167. End-outline-marker lamps

(1) A motor vehicle may be equipped-

(a) in front on each side of its longitudinal centre-line with one end-outline-marker lamp which shall be visible directly from the front; and

(b) at the rear on each side of its longitudinal centre-line with one end-outline-marker lamp which shall be visible directly from the rear.

(2) The end-outline-marker lamps contemplated in subregulation (1)-

(a) shall be fitted as near as possible to the outer-edges of the front and rear of the motor vehicle concerned and as high as possible, but not necessarily beyond the top of the cab height at the front and as high as possible at the rear; and

[Para. (a) substituted by GN R404/2007]

(b) shall emit a white light to the front and a red light to the rear.

168. Rear lamps

(1) No person shall operate a motor vehicle on a public road, excluding a motor vehicle which was first registered before 1 January 1981, a motor cycle or a motor tricycle, unless such motor vehicle is fitted with at least one lamp on each side at the rear-

(a) emitting a red light to the rear with a minimum intensity of two candelas;

(b) positioned not further than 400 millimetres from the outer edges of the widest part of such motor vehicle; and

(c) positioned not lower than 350 millimetres or higher than one and a half metres above ground level, but if it is not practical, or impossible due to the structure of the vehicle to position such lamps within one and a half metres above ground level, not higher than two comma one metres above ground level.

(2) A motor vehicle which was first registered before 1 January 1981 may be fitted with such lamps in such positions as are prescribed in subregulation (1), but shall be fitted with at least one lamp at the rear, emitting a red light to the rear with a minimum intensity of two candelas, positioned in the centre or to the right of the longitudinal centre-line of such vehicle, not lower than 300 millimetres and not higher than two comma one metres above ground level.

(3) No person shall operate a motor cycle or a motor tricycle on a public road unless such motor cycle or motor tricycle is fitted with such a lamp in such a position at the rear as prescribed in subregulation (2).

(4) Rear lamps fitted to motor vehicles in addition to those prescribed in this regulation may be fitted higher than two comma one metres above ground level.

(5) A motor vehicle which is towed by a breakdown vehicle shall be fitted with a separate temporary set of rear lamps while such motor vehicle is being towed.

169. Stop lamps

(1) No person shall operate a motor vehicle, other than a trailer drawn by a tractor or a tractor, on a public road unless it is fitted with at least one stop lamp on each side at the rear of the motor vehicle, and in the case of a motor cycle one stop lamp at the rear, which shall-

(a) be visible from the rear and shall be unobscured within angles of-

(i) 45 degrees measured across the width of the motor vehicle on either side of a line parallel to the longitudinal centre-line of the motor vehicle and passing through the centre-line of each stop lamp, and

(ii) 15 degrees measured vertically on either side of a horizontal line parallel to the longitudinal centerline of the motor vehicle and passing through the centre-line of each stop lamp but if the height of the stop lamp above ground level is less than 750 millimetres, such angles, measured below such horizontal line, may be reduced to five degrees;

(b) be fitted at a height of not less than 300 millimetres and not more than two comma one metres above ground level, measured to the centre of the lamp: Provided that additional stop lamps may be fitted above two comma one metres;

(d) when in use, emit light the colour of which shall be red and the intensity of which shall be greater than that of the light emitted by the rear lamp on the motor vehicle and shall be visible in normal sunlight at a distance of not less than 30 metres to a person of normal eyesight;

(e) be so connected that, if the motor vehicle is in motion, such lamp shall come into operation as soon as the operating device of the service brake or similar brake of the motor vehicle or, in the case of a combination of motor vehicles, of the drawing vehicle, is activated; and

(f) be maintained in a clean condition and in good working order.

(2) A motor vehicle which is being towed by a breakdown vehicle shall be fitted with a separate temporary set of stop lamps which is coordinated with the working of the stop lamps of the breakdown vehicle while such motor vehicle is so towed.

(3) A stop lamp complying with the provisions of subregulation (1) may be incorporated in a rear lamp fitted to a motor vehicle in terms of regulation 168.

(4) A motor vehicle may be fitted with stop lamps, which display a flashing light signal during emergency high de-acceleration braking that complies with the requirements of standard specification SANS 20013 Uniform provisions concerning the approval of vehicles of category M, N and 0 with regarded to braking” or, SANS 20013 Part H: “Uniform provision concerning the approval of passenger cars with regard to braking”, and SANS 20048 “Uniform provisions concerning the approval of vehicles with regard to the installation of lighting and light-signalling devices”, and which is homologated as such by the National Regulator for Compulsory Specifications.

[Subreg. (4) added by GN R846/2014 w.e.f. 31 October 2014]

170. Number plate lamps

(1) No person shall operate on a public road a motor vehicle, other than a tractor, unless it is fitted with at least one number-plate lamp at the rear, illuminating the number plate or identification card by means of a white light which shall make every letter and figure of such plate or card plainly distinguishable from a distance of at least 20 metres by a person of normal eyesight: Provided that a number plate lamp need not be kept lighted on a motor vehicle parked on a public road.

(2) The beam of light of a number-plate lamp shall not be directed to the rear.

171. Side-marker lamps

(1) A motor vehicle or combination of motor vehicles may, but a breakdown vehicle shall, be fitted with side-marker lamps along each side which, when in operation, shall emit a diffused yellow light: Provided that the side marker lamp furthest forward on the motor vehicle, combination of motor vehicles or breakdown vehicle, when in operation, may emit a diffused white or amber light: Provided further that the rearmost side-marker lamp on a motor vehicle or combination of motor vehicles or breakdown vehicle, when in operation, may emit a diffused red or amber light.

(2) Such side-marker lamps shall be so placed that-

(a) there is a lamp within 400 millimetres of each end of the body of each vehicle;

(b) the distance between successive lamps on any motor vehicle or combination of motor vehicles is not more than three comma six metres;

(d) they face directly outwards from the side to which they are fitted in a direction at right angles to the longitudinal centre-line of the vehicle to which they are fitted.

172. Interior lamps

A lamp emitting a diffused light maybe provided on any motor vehicle for the purpose of illuminating the interior, including the instrument panel thereof, or any entrance thereto.

173. Lamp illuminating notice on motor vehicle

(1) A lamp illuminating a notice relating to the destination of a motor vehicle or its availability for hire may be fitted to any motor vehicle.

(2) A lamp illuminating a notice or token indicating the use of a motor vehicle as an ambulance, blood transfusion service, fire-fighting, police, traffic-control vehicle or a patrol service vehicle of the Automobile Association, may be fitted to such vehicle.

174. Decorating lamps

A lamp, other than a spot lamp, may be fitted to a motor vehicle taking part in a procession for the purpose of decorating it.

175. Reversing lamps

(1) A motor vehicle may be fitted with a reversing lamp emitting a white light, which illuminates the road to the rear of, or under the vehicle.

(2) Such a lamp shall be under the direct control of the driver and shall be either so fitted as to operate only when the motor vehicle is placed in reverse gear or be connected with a device by which the driver shall be made aware that the lamp is in operation.

(3) Not more than two such lamps shall be fitted to a vehicle and no light shall be emitted there from except when the vehicle is reversing or about to reverse.

176. Identification lamps

(1) A bus or a goods vehicle, the gross vehicle mass of which exceeds 3 500 kilograms, and which is not a motor vehicle referred to in subregulation (2), (3) or (5), may be fitted above the windscreen with two or more identification lamps and each such lamp shall-

(a) not exceed a capacity of 21 Watts:

(b) be visible from directly in front of the motor vehicle to which it is fitted; and

(2) An ambulance, fire-fighting or rescue vehicle may be fitted with a lamp or lamps emitting an intermittently-flashing red light in any direction.

(3) (a) Subject to paragraph (b), no person shall operate a motor vehicle fitted with, or in

or on which is displayed, a lamp or lamps emitting a blue light or capable of emitting a blue light.

(b) The provisions of paragraph (a) does not apply to a motor vehicle operated by a member of the Service or a member of a municipal police service, both as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995), or a traffic officer, or a member of the South African Defence Force authorised in terms of section 87(1)(g) of the Defence Act, 1957 (Act No. 44 of 1957) to perform police functions, in the execution of his or her duties.

(i) blue light;

(ii) blue and amber light;

(iii) blue and red light; or

(iv) blue, amber and red light, in any direction which may, at the will of the driver, display the word “stop”.

(4) A motor vehicle which is-

(a) a vehicle employed in connection with the maintenance of public road;

(b) engaged in the distribution and supply of electricity;

(d) operated in terms of the authority granted by the MEC in terms of section 81 of the Act;

(e) a breakdown vehicle;

(f) a refuse compactor vehicle;

(g) a vehicle carrying an abnormal load and the vehicle escorting it if any, may, but a breakdown vehicle shall, be fitted with a lamp or lamps capable of emitting an intermittently-flashing amber light in any direction: Provided that such lamp shall only be used at the place where the breakdown occurred, where the maintenance or other work or an inspection is being carried out, when such breakdown vehicle is towing a motor vehicle, or in the event of a vehicle carrying an abnormal load.

(5) A motor vehicle used by a medical practitioner may be fitted above the windscreen with one lamp emitting an intermittently flashing red light in any direction: Provided that such light may only be used by such medical practitioner in the bona fide exercise of his or her profession.

(6) A vehicle driven by a person while he or she is responding to a disaster as contemplated in the Disaster Management Act, 2002 (Act No. 57 of 2002), may be fitted with a lamp or lamps emitting an intermittently-flashing green light in any direction.

[Subreg. (6) substituted by GN R846/2014 w.e.f. 31 October 2014]

(7) A vehicle -

(a) owned by a body or person registered as a security officer in terms of the Security Officers Act, 1987 (Act No. 92 of 1987); and

(b) driven by a security officer as defined in section 1 of the said Act in the course of rendering a security service, also defined in section 1 of the said Act,

may be fitted with a white lens bar containing a lamp or lamps emitting an intermittently-flashing diffused white light in any direction, and containing a notice illuminated by a white light containing the word “security” and the name of the owner of the vehicle in black letters: Provided that the said lamp or lamps shall not be capable of emitting a rotating or strobe light.

[Subreg. (7) inserted by Gen N 2116/2001]

177. Use of spot lamp

No person shall operate on a public road a motor vehicle if it is fitted with a spot lamp, which can be so adjusted as to enable a beam of light emitted therefrom to be deflected in any direction: Provided that a spot lamp which is adjustable-

(a) may be fitted and used for official purposes on any ambulance, rescue-, fire-fighting-, police-, or traffic-control vehicle;

(b) may be fitted to a vehicle owned by a medical practitioner or veterinarian, and used in the execution of such person’s professional duties; or

(c) may be fitted to a breakdown vehicle or a vehicle employed in connection with the supply of electricity or other public essential services: Provided that it is used solely at the scene of an accident or breakdown or for the examination of overhead telephone, telegraph or power lines.

178. Lamps on pedal cycle

(1) A pedal cycle may be fitted in front with a lamp emitting a white light, the intense part of the beam of which shall, when such pedal cycle is on a reasonably level road, strike the surface ahead of such pedal cycle at a distance of not less than three metres and not more than 30 metres.

(2) A pedal cycle may be fitted with one or more lamps emitting a red light directly to the rear.

179. Lamps on animal drawn vehicles

(1) Subject to subregulation (2), no person shall operate on a public road an animal drawn vehicle unless it is fitted in front on both sides of the body thereof, with lamps emitting a white light forward, and at the rear on both sides of the body thereof, with lamps emitting a red light to the rear: Provided that in the case of a vehicle drawn by animals not controlled by reins, there shall be a person who leads the animals while he or she is carrying a lamp which emits a white light forward at the head of the foremost animal, in lieu of the lamps emitting a white light forward and a red light to the rear.

(2) The provisions of this regulation shall only apply if the vehicle referred to in subregulation (1) is used between sunset and sunrise and any other time when, due to insufficient light or unfavourable weather conditions, persons and vehicles upon the public road are not clearly visible at a distance of 150 metres.

180. Lamps on unspecified vehicles

(1) No person shall operate on a public road a vehicle, other than a perambulator, baby cart

or child’s play vehicle, and which is not elsewhere provided for in regulations 157 to 184, between sunset and sunrise and any other time when, due to insufficient light or unfavourable weather conditions, persons and vehicles upon the public road are not clearly visible at a distance of 150 metres-

(a) unless it is fitted in front on both sides of the body thereof, with lamps emitting a white light forward; and

(b) unless it is fitted at the rear on the extreme right side of the body thereof, with a lamp emitting a red light to the rear.

(2) A lamp contemplated in subregulation (1)(a) shall emit a beam of light of sufficient power to illuminate the roadway immediately ahead of such vehicle but shall not be of such power or design or so fitted as to cause a dangerous glare to oncoming traffic on a reasonably level road.

181. Colour of lights

(1) Subject to the provisions of regulation 170(1), 171(1), 172, 175 or 176, no person shall

operate on a public road a motor vehicle which is fitted with or carries on it a lamp which-

(a) except in the case of a brake anti-lock warning light to the front of a trailer, emits a light which is not white, amber or yellow in colour towards the front;

(b) emits a light which is not yellow or amber in colour towards either side of the motor vehicle; or

(c) except in the case of a direction indicator or reversing lamp complying with the provisions of these regulations, or a rear-ward facing lamp on a truck -tractor directed so as to facilitate the safe connection of a semi-trailer and connected such that it can be operated only when reverse gear is engaged or when the parking brake is applied, emits a light which is not red in colour towards the rear.

[Subreg. (c) substituted by GN R846/2014 w.e.f. 31 October 2014]

(2) When two or more lamps of the same class emitting light in the same direction are fitted to a vehicle they shall emit light of the same colour.

Provided that no person shall operate on a public road a motor vehicle fitted with any colour of lights other than the colour of lights prescribed in terms of these regulations.

[Proviso added by GN R589/2009]

182. Certain lamps to emit diffused lights

Every lamp fitted to a vehicle, other than the headlamps of a motor vehicle, the front lamp of a pedal cycle, spot lamp and fog lamp, shall emit diffused light when in operation on a public road.

183. Lamps to emit steady light

Unless otherwise provided elsewhere in these regulations, a lamp fitted to any vehicle shall emit a steady light when in operation: Provided that an ambulance, rescue vehicle, fire-fighting vehicle, a motor vehicle operated by a traffic officer in the execution of his or her duties, or a motor vehicle operated by a member of the Service or a member of a municipal police service, both as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995) in the execution of his or her duties, may be equipped with a device which enables the driver of such vehicle to operate the vehicle’s head lamps in such a manner that they flash intermittently.

184. Manner in which lamps to be fitted and maintained

(1) The head lamps of a motor vehicle shall be fitted-

(a) at a height of not less than 450 millimetres and not more than one comma four metres above ground level, measured to the centre of the lamp; and

(b) not more than 500 millimetres behind the front end of the vehicle.

(2) The head lamps and fog lamps of a motor vehicle shall, unless the design of the lamps incorporates some other means of preventing a dangerous glare to oncoming traffic, not be fitted with lenses of clear glass or other like material.

(3) When two or more of the same lamps are fitted to a vehicle they shall-

(a) be placed symmetrically in relation to the longitudinal centerline of the vehicle; and

(b) except in the case of side marker lamps and direction-indicator lamps, be so placed that any lamp on the side of the vehicle concerned shall have a corresponding lamp at the same height on the other side of such vehicle.

(4) Every lamp required to be fitted to a vehicle shall be securely fixed.

(5) The lens and reflector of every lamp required to be fitted to or used in connection with any vehicle shall be maintained in an effective and reasonably clean condition.

(6) No lamp required to be fitted to or displayed in connection with a vehicle shall be totally or partially obscured by any fitting or object on the vehicle.

(7) The provisions of subregulation (1) shall not apply to main beam lamps that comply with the requirements of standard specification SABS 1046 “Motor vehicle safety specification for lights and light signalling devices installed on motor vehicles and trailers”, and standard specification SABS 1376 “Lights for motor vehicles”, Part 2: Head lights” and which is homologated as such by the Inspectorate of Manufacturers, Importers and Builders.

[Subreg. (7) added by GN R881/2004]

185. Lamps not prescribed or authorised, prohibited

No lamp other than a lamp prescribed or authorised in terms of these regulations shall at any time be fitted to any vehicle operated on a public road.

186. White retro-reflectors to be fitted on front of certain vehicles

(1) No person shall operate on a public road-

(a) a trailer;

(b) rickshaw; or

(c) animal-drawn vehicle, unless there are fitted, on the front of such vehicle at the same height, two white retro-reflectors, one on each side of the longitudinal centre-line thereof and equidistant therefrom and otherwise complying with the provisions of these regulations.

(2) A white retro-reflector-

(a) maybe fitted to a motor vehicle, other than a trailer, in the manner contemplated in subregulation (1) and such retro-reflector shall be so placed that the portion of its reflective surface furthest from the longitudinal centreline of the vehicle is not further than 400 millimetres from the outer edge of the widest portion of the vehicle; and

(b) if fitted to any vehicle not provided for in paragraph (a), shall be so placed that the portion of its reflective surface furthest from the longitudinal centre-line of the vehicle is not further than 150 millimetres from the outer edge of the widest portion of the vehicle.

(3) No person shall operate a pedal cycle on a public road unless there is fitted on the front of such cycle a white retro-reflector complying with the provisions of regulations 189 and 192.

187. Red retro-reflectors to be fitted on rear of certain vehicles

(1) No person shall operate on a public road-

(a) a motor vehicle, other than a motor cycle without side-car or motor tricycle with one wheel at the rear;

(b) rickshaw; or

(c) animal-drawn vehicle, unless there are fitted on the rear of such vehicle at the same height two red retro-reflectors, one on each side, of the longitudinal centre-line thereof and equidistant therefrom and otherwise complying with the provisions of these regulations: Provided that in the case of a combination of motor vehicles, both the drawing vehicle and the rearmost vehicle shall be fitted with such retro-reflectors.

(2) Each retro-reflector referred to in subregulation (1) shall be so placed that the portion of its reflective surface furthest from the longitudinal centre-line of the vehicle is not further than 400 millimetres from the outer edge of the widest part of the vehicle.

(3) No person shall operate any motor cycle without side-car or motor tricycle with one wheel at the rear on a public road unless there is fitted on the rear of such vehicle a red retro-reflector complying with the provisions of these regulations.

(4) No person shall operate a pedal cycle on a public road unless there is fitted on the rear of such cycle a red retro-reflector complying with the provisions of regulations 189 and 192.

188. Yellow retro-reflectors to be fitted on sides of certain motor vehicles

No person shall operate on a public road a motor vehicle or a combination of motor vehicles, if the overall length of such vehicle or combination of vehicles exceeds seven metres, unless there is fitted, on each side of such vehicle, or on each side of every motor vehicle in such combination of vehicles, as the case may be-

(a) one yellow retro-reflector-

(i) within three metres of the front of such vehicle or combination of vehicles;

(ii) within one metre of the back of such vehicle or combination of vehicles; and

(iii) in the case of a combination of motor vehicles, of which a trailer, other than a semi-trailer, forms a part, within three metres of the front of the trailer; and

(b) so many additional yellow retro-reflectors as may be necessary to ensure that no two successive yellow retro- reflectors on any side are more than three comma six metres apart, complying with the provisions of regulations 189 and 192: Provided that-

(i) yellow retro-reflectors need not be fitted to a bus or minibus which is not a school bus, including such a bus or minibus which forms part of a combination of motor vehicles;

(iA) yellow retro-reflectors need not befitted to motor vehicles fitted with retro-reflective material on the sides as prescribed in regulation 192A;

[Item (iA) inserted by Gen N 2116/2001]

(ii) in the case of a combination of motor vehicles where the drawing vehicle is a motor car, yellow retro-reflector need not be fitted to such drawing vehicle; and

(iii) in the case of a combination of motor vehicles where the drawing vehicle is a motor car, bus or minibus, which is not a school bus, the front of such combination shall, subject to the provisions of paragraph (i), be deemed to be the front of the vehicle immediately following such drawing vehicle.

189. General requirements for retro-reflectors

(1) Every retro-reflector required to be fitted to a vehicle or load in terms of these regulations shall-

(a) not be lower than 300 millimetres and not higher than one comma five metres from ground level, measured to the centre of the retro-reflector: Provided that if, due to the design of the vehicle, it is impossible to fit retro- reflectors on the sides of the body of such vehicle at the prescribed height, the retro-reflectors shall be fitted as near as possible to such height;

(b) if it is a -

(i) white retro-reflector, be in a vertical position and face squarely to the front;

(ii) red retro-reflector, be in a vertical position and face squarely to the back; and

(iii) yellow retro-reflector, be in a vertical position and face squarely to the side,

but, notwithstanding anything to the contrary contained in these regulation, a motor vehicle manufactured, built or imported by a registered manufacturer, builder or importer may have a red retro-reflector fitted at the side towards the rear of such motor vehicle.

(d) not be fitted to any movable part of the vehicle: Provided that this provision shall not apply to a warning sign contemplated in regulation 191(2)(a).

(2) Notwithstanding anything to the contrary contained in these regulations, if due to the design of the vehicle it is not possible to fit a retro-reflector in the prescribed position, it may be fitted as close as possible to the prescribed position.

190. Rear retro-reflectors on vehicles with certain bodies

If it is impossible to fit retro-reflectors on the body of a vehicle to comply with the requirements of both regulations 187(2) and 189(1)(a), two red retro-reflectors shall be fitted to the rear of such vehicle in the manner contemplated in regulation 187(2) as low as possible on the body of such vehicle and two additional red retro-reflectors shall be fitted on the rear of the vehicle on the underframe thereof at the height contemplated in regulation 189(1)(a) as far apart as such underframe will permit.

191. Warning sign on rear of certain motor vehicles (chevrons)

(1) For the purposes of this regulation the expression “motor vehicle” shall not include a motor vehicle propelled by electrical power derived from overhead wires, motor car, motor cycle, motor tricycle, motor quadrucycle, tractor, or any other motor vehicle the gross vehicle mass of which does not exceed 3 500 kg and which is not a trailer.

(2) Subject to subregulation (3), no person shall operate on a public road a motor vehicle unless there is fitted at the rear of such vehicle a warning sign which-

(a) is a chevron sign which complies with the requirements referred to in standard specification SABS 1329 “Retro-reflective and Fluorescent Warning Signs for Road Vehicles”, Part 4: “Retro-reflective chevron-signs” and Part 5: “Retro-reflective chevron decals”;

(b) bears a certification mark;

(c) notwithstanding the provisions of paragraph (a), from 1 January 2001 incorporates both retro-reflective red and retro-reflective yellow chevron strips.

(3) (a) If the design or construction of any motor vehicle does not allow a chevron to be

fitted thereto such chevron may be cut into sections to avoid the interference of protrusions, or its edges may be trimmed to permit fitment to the contour of the vehicle or its equipment, but the chevron pattern shall be substantially maintained.

(b) If the design or construction of any motor vehicle does not allow a modified chevron to be fitted thereto as contemplated in paragraph (a), at least 11 retro-reflectors shall be fitted to such motor vehicle as shown in diagram A below, and in the case of a trailer the gross vehicle mass of which does not exceed 3 500 kg, at least seven retro-reflectors shall be fitted to such trailer as illustrated in diagram B below: Provided that a trailer the gross vehicle mass of which does not exceed 3 500kg may, in lieu of the said seven retro-reflectors, be fitted with at least one triangular retro-reflectorat each side no further than 400 millimetre from the outer edge of the widest part of such trailer, that comply with the requirements of standard specification SABS ECE R3 “The uniform provisions concerning the approval of retro-reflecting devices for power-driven vehicles and their trailers.

Click here to see Diagrams

(4) Every warning sign required in terms of this regulation, to be displayed on a motor vehicle or on a trailer referred to in subregulation (2), shall-

(a) be in an upright position or within 15 degrees of such position and face squarely to the rear;

(b) be so placed that the lower edge thereof is not more than one comma one metres above ground level: Provided that if, owing to the structure of the vehicle, it is impossible to fit the warning sign at the prescribed height, it shall be fitted as near as possible to such height;

(c) extend horizontally for such distance as is necessary to indicate the overall width of the vehicle to which it is fitted to within 400 millimetres of either side: Provided that these provisions shall not be applied to any chevron fitted in addition to the requirements of this regulation; and

(d) be clean and in good condition and not be obscured to the extent that it will be rendered ineffective.

192. Unlawful use of reflector or reflective material

(1) Subject to subregulation (2), no person shall operate on a public road a vehicle whilst a reflector or reflective material fitted to such vehicle does not reflect a-

(a) white colour to the front of such vehicle;

(b) red colour to the rear of such vehicle; and

but, notwithstanding anything to the contrary contained in these regulations, a motor vehicle manufactured, built or imported by a registered manufacturer, builder or importer may have a red retro-reflector fitted at the side towards the rear of such motor vehicle.

(2) The provisions of this regulation shall not apply in respect of-

(a) an ambulance, rescue vehicle, police vehicle, a vehicle driven by a traffic officer in the execution of his or her duties and a fire-fighting vehicle;

(b) a number plate;

(d) direction indicators referred to in regulation 326;

(e) a sign referred to in regulation 293(2) or 295(2); and

(f) retro-reflective material as contemplated in regulation 192A.

(3) Notwithstanding the provisions of subregulation (1) the pedals, pedal arms or spokes of a pedal cycle shall, if such cycle is operated on a public road during the period between sunset and sunrise and at any other time when, due to insufficient light or unfavourable weather conditions, persons and vehicles upon the public road are not clearly discernible at a distance of 150 metres, be fitted with yellow or white reflectors or reflective material.

192A.Side and rear retro-reflective material to be fitted to vehicles (contour or strip marking)

(1) For the purposes of this regulation contour or strip marking means yellow side and rear retro-reflective material that shall comply with SABS ECE R104 “Uniform provisions concerning the approval of retro-reflective markings for heavy and long vehicles and their trailers”: Provided that-

(a) application for (paragraph 3 of SABS ECE R 104) and approval of paragraph 5 of SABS ECE R104 shall not be required, but the letter “C” indicating contour marking as referred to in paragraph 5.4.3.1 of SABS ECE R104 and the circle surrounding the letter “E” followed by the distinguishing number of the country which has granted approval as referred to in paragraph 5.4.1 of SABS ECE R104, shall be brought on to the retro-reflective marking material; and

(b) that advertising consisting of retro-reflective logos, distinctive markings or letters or characters may be used if it complies with the standard and used in conjunction with contour markings, excluding strips denoting the manufacturer concerned.

(2)

(a) a goods vehicle with a gross vehicle mass exceeding 3500 kilograms; shall be permanently affixed with contour markings on the side and the rear of such vehicle and the rear contour markings may not be affixed more than 600 millimetres from the lower part of the body of such vehicle.

(b) a goods vehicle with a length of more than 7 metres shall be permanently affixed with contour markings as contemplated in paragraph (a) from 1 July 2004.

(c) a trailer or caravan first registered on or after 1 January 2004 be permanently affixed with side and rear contour markings, contemplated in paragraph (a).

(d) any trailer or caravan shall from 1 July 2006 be permanently affixed with side and rear contour markings, as contemplated in paragraph (a).

(e) a bus first registered from 1 July 2004 shall be permanently affixed with side and rear markings as contemplated in paragraph (a).

(f) any midibus or bus operating in terms of an operating licence issued in accordance with the provisions of the NLTTA, shall from 04 September 2006, be permanently affixed with side and rear markings as contemplated in paragraph (a).

(g) a minibus operating in terms of an operating licence issued in accordance with the provisions of the NLTTA, first registered on or after 04 September 2006, and operating in terms of an operating licence, be permanently affixed with side and rear markings as contemplated in paragraph (a).

(h) any midibus operating in terms of an operating licence issued in accordance with the provisions of the NLTTA shall from 1 January 2007 be permanently affixed with side and rear markings as contemplated in paragraph (a); and

(i) a motor home first registered from 1 July 2007 shall be permanently affixed with contour or strip marking as contemplated in paragraph (a).

[Reg. 192A substituted by GN R1341/2003, amended by GN 871/2005, GN R891/2006 and GN R404/2007 and substituted by GN R846/2014 w.e.f. 31 October 2014]

193. Motor vehicle to be equipped with direction indicators

(1) No person shall operate on a public road any motor vehicle, other than a tractor or a trailer drawn by a tractor, unless it is equipped on both sides with either the flasher type or illuminated window-type direction indicators which comply with the provisions of regulation 194 or 195, as the case may be: Provided that where a motor vehicle forms part of a combination of motor vehicles and a direction indicator with which such motor vehicle is required to be equipped is obscured by any trailer forming part of such combination, the trailer shall, subject to the provisions of regulation 197, be deemed to be part of such motor vehicle.

(2) The provisions of subregulation (1) shall not apply in respect of-

(a) a motor cycle which, according to the registration certificate thereof, was registered for the first time before 1 July 1976; or

(b) any motor vehicle which, according to the registration certificate thereof, is older than 40 years.

194. Direction indicators of flasher type

Direction indicators of the flasher type shall comply with the following requirements:

(a) Each indicator shall incorporate a lamp or lamps;

(b) when in use such lamp shall show an intermittently-flashing light of such intensity that it is clearly visible in normal daylight at a distance of not less than 30 metres to a person of normal eye-sight;

(c) the indicators shall be equidistant from the longitudinal centre-line of the motor vehicle and as near as possible to, but not more than 500 millimetres from, the outer edge of the front or rear of the motor vehicle;

(d) subject to the provisions of paragraph (e), the indicators shall be so mounted that they are visible from the-

(i) rear, anywhere within an angle of 15 degrees inside and 45 degrees outside; and

(ii) front, anywhere within an angle of 45 degrees outside, of a line which is parallel to the longitudinal centre-line of the vehicle and which passes through the centre of the illuminated area of the indicator;

(dA) The indicator lamp shall not be fitted in such a manner that the lamp is higher than the highest point of the roof of the vehicle to which such lamp is fitted;

[Para. (dA) inserted by GN R1341/2003]

(e) where it is not possible to comply with the provisions of paragraph (d) in the case of a single indicator on any one side, one indicator shall be mounted towards the front and one towards the rear so that one shall be visible from the front and the other from the rear of the vehicle to which it is fitted within the limits prescribed by that paragraph;

(f) where any indicator is combined with or mounted within 150 millimetres of any lamp, the intensity of the light emitted from the indicator shall be greater than that from such lamp; and

(g) the indicator lamps when in use shall emit white, yellow or amber light to the front, and yellow, amber or red light to the rear and any one indicator may emit light towards the front and the rear simultaneously or emit light only to the front or only to the rear according to its position on the vehicle.

195. Direction indicator of illuminated window-type

Direction indicators of the illuminated window type shall comply with the following requirements:

(a) Each indicator shall incorporate a lamp which, when in operation, shall emit a red, yellow or amber light to the rear and of such intensity that it is clearly visible in normal daylight at a distance of not less than 30 metres to a person of normal eyesight;

(aA) The indicator shall not be fitted in such a manner that the lamp is higher than the highest point of the roof of the vehicle to which such lamp is fitted;

[Para. (aA) inserted by GN R1341/2003]

(b) the indicator shall be at least 150 millimetres long, 25 millimetres wide and arrow-shaped; and

196. Combination of different types of direction indicators

Notwithstanding anything contained in these regulations, the fitting of two direction indicators of one of the types referred to in regulations 194 and 195 on the front half of a vehicle and two direction indicators of another type referred to in the said regulations on the rear half of such vehicle shall be permitted.

197. Direction indicators on motor vehicles with overall length in excess of 7,6 metres

(1) No person shall operate on a public road any motor vehicle or combination of motor vehicles of an overall length in excess of seven comma six metres unless it is equipped on both sides towards the front and towards the rear with the flasher type or illuminated window-type direction indicators which complies with the provisions of regulation 194 or 195, as the case may be.

(2) The direction indicators towards the rear referred to in subregulation (1) shall, unless they are the flasher type direction indicators, be-

(a) within 600 millimetres of the rear end of the vehicle; or

(b) in the case of a combination of motor vehicles, within 600 millimetres of the rear end of the last vehicle of such combination.

(3) The provisions of this regulation shall not apply in respect of a tractor or a combination of motor vehicles the drawing vehicle of which is a tractor.

198. General requirements for direction indicators

(1) Direction indicators shall be fitted at a height of not less than 450 millimetres and not more than two comma one metres above ground level and shall be unobscured when in use: Provided that-

(a) in respect of any flasher type direction indicator no minimum height shall apply; and

(b) a flasher type direction indicator fitted on the side of a motor vehicle shall not be more than two comma three metres above ground level.

(2) If lamps are incorporated in direction indicators, the lamps showing to the front shall be located on the same level and the lamps showing to the rear shall be located on the same level.

(3) Unless the direction indicators are so fitted that they are directly or by reflection visible to the driver of the vehicle concerned when the driver is in the driving position, a device shall be provided whereby the driver shall be given visible or audible warning when the indicators are in operation.

(4) The direction indicators shall be so fitted that the indicators on one side can be operated separately from those on the other side.

(5) (a) No person shall operate on a public road a motor vehicle, unless it is fitted with a

separate switch to operate all the direction indicators simultaneously.

(b) The provisions of paragraph (a) shall not apply to-

(i) a tractor;

(ii) a trailer;

(iii) a motor cycle;

(iv) a motor tricycle;

(v) a motor quadrucycle; or

(vi) any motor vehicle which according to the registration certificate thereof, was registered for the first time before 1 January 1986.

(6) (a) The driver of a motor vehicle fitted with a separate switch to operate all the

direction indicators simultaneously, shall put into operation simultaneously all the direction indicators fitted to such vehicle, when the vehicle is-

(i) stationary in a hazardous position; or

(ii) in motion in an emergency situation.

(b) The driver of a motor vehicle shall not put into operation simultaneously all the direction indicators fitted to such motor vehicle in a circumstance other than those referred to in paragraph (a).

(7) If more than one direction indicator is fitted to indicate any one turning movement all such indicators shall be inter-connected so as to operate simultaneously.

(8) Direction indicators shall be maintained in good working order.

(9) All lamps of direction indicators shall, when in use, emit diffused light.

(10) A motor vehicle which is being towed by a breakdown vehicle shall be fitted with a separate temporary set of direction indicators which is coordinated with the working of the direction indicators of the breakdown vehicle while such motor vehicle is so towed.

199. Prohibition of use of direction indicator not complying with regulations

The driver of a motor vehicle on a public road shall not make use of any direction indicator not complying with the provisions of these regulations.

200. Steering gear

(1) No person shall operate on a public road a motor vehicle-

(a) unless all parts of the steering gear are maintained in a condition which enables the vehicle to be steered safely and efficiently;

(b) unless, in addition to the requirements of paragraph (a), all parts of the steering mechanism are so adjusted that, unless otherwise designed by the manufacturer, the amount of movement which the steering wheel makes before the steering gear becomes effective in changing the direction of the steerable wheels from a position where such wheels are parallel to the longitudinal centre-line of the vehicle to the right or left, is no more than 12,5 percent of the outside circumference of the steering wheel (that is to say, 45 degrees); and

(c) which is fitted with an anti-theft device which enables the steering wheel to be disengaged or disconnected from the steering mechanism of the vehicle.

(2) (a) Subject to paragraphs (b), (c) and (d), no person shall operate on a public road a

motor vehicle the steering wheel of which is on the left hand side.

(b) Paragraph (a) does not apply in respect of a motor vehicle which was registered or licenced in the Republic into any persons name before 23 July 2004;

[Para. (b) substituted by GN R589/2009]

(i) a vehicle built or imported by a registered builder or importer for the purpose of export, testing, assessment or development, if such vehicle is operated on a public road under an exemption in terms of section 81 of the Act;

(ii) a vehicle manufactured by a registered manufacturer for the purpose of export;

(iii) a vehicle manufactured by a registered manufacturer for the purpose of testing, assessment or development; or

(iv) a vehicle which is a specialised fire fighting vehicle or heavy duty crane with a GVM over 24 000 kg and having 3 or more axles.

[Para. (c) substituted by GN R589/2009]

(d) the provisions of paragraph (a) shall not apply in respect of a motor vehicle referred to in regulation 4(1), 4(2), 21(1)(e), 21(1)(f), 21(1)(g) or 21(1)(h).

[Para. (d) substituted by GN R890/2013 (as corrected by GN R946/2013) w.e.f. 19 November 2013]

(e) the owner of a motor vehicle referred to in subregulation (2)(b) may dispose of or transfer ownership of such motor vehicle and such motor vehicle shall be registered in the name of a new owner.

[Para. (e) added by GN R589/2009 and substituted by GN R1113/2010. GN R1113/2010 subsequently revoked by Gen 118/2011; Para. (e) substituted by GN R541/2011]

[Subreg. (2) substituted by GN R881/2004 and GN R404/2007]

(3) No person shall operate on a public road a motor cycle -

(a) unless the handlebars thereof are symmetrically placed in relation to the longitudinal centre-line of the cycle;

(b) unless the distance between the outside edges of the handlebars is at least 600 millimetres in respect of a motor cycle with an engine with a cylinder capacity of 200 cubic centimetres or more and at least 500 millimetres in respect of all other motor cycles; or

(i) higher than 500 millimetres above the seat height; or

(ii) lower than the seat height, and more than 800 millimetres apart.

201. Warning devices

(1) Subject to the provisions of sections 58(3) and 60 of the Act, no person shall operate on

a public road-

(a) a self-propelled motor vehicle, unless it is equipped with an efficient warning device which is in good working order and, when used, capable of emitting a sound which, under normal conditions, is clearly audible by a person of normal hearing from a distance of at least 90 metres;

(b) a pedal cycle, unless it is equipped with an efficient warning device which is in good working order and, when used, capable of giving adequate warning of its approach;

(d) a vehicle to which a device is fitted which emits a sound of which the tone of pitch varies:

Provided that the provisions of paragraph (c) and (d) shall not apply to a motor vehicle to which an anti-theft device which incorporates a siren is fitted, or to a fire-fighting vehicle, a fire-fighting response vehicle, a rescue vehicle, an emergency medical response vehicle, ambulance or a vehicle driven by a traffic officer in the carrying out of his or her duties, or to a vehicle driven by a person while he or she is responding to a disaster as contemplated in the Disaster Management Act, 2002 (Act No. 57 of 2002).

[Proviso substituted by GN R846/2014 w.e.f. 31 October 2014]

[Subreg. (1) substituted by GN R1341/2003]

(2) The device referred to in paragraph (b) of the proviso to sections 58(3) and 60(b) of the Act shall be capable of emitting a sound of which the tones of pitch shall-

(a) be

Click here to see image

(commonly known as the “Klaxon”}

(b) sweep rapidly between 400 and 1 500 Hertz at a rate of between 120 and 180 cycles per minute (commonly known as the “yelp”); or

(c) sweep slowly between 400 and 1500 Hertz at a rate of between six and nine cycles per minute (commonly known as the “wail”).

202. Glass of windscreen, window and partitions

(1) No person shall operate on a public road any motor vehicle having a windscreen, window or partition made of transparent material-

(a) unless such material affords the driver sufficient visibility for safe driving of such vehicle;

(b) unless in the case of a windscreen, other than a windscreen fitted to a motor cycle or motor tricycle, such transparent material-

(i) is glass; and

(ii) in respect of a motor vehicle which, according to the registration certificate thereof was registered for the first time after the year 1958, complies with the provisions of paragraph (a) even when shattered; and

(c) unless, in respect of a motor vehicle which, according to the registration certificate thereof, was registered for the first time after the year 1958, such transparent material is safety glass and every pane thereof is permanently marked with the name or trade mark of the manufacturer thereof or the trade name of the glass and is clearly identifiable as safety glass by a permanent mark indicating it as such.

(2) Notwithstanding the provisions of paragraphs (b) and (c) of subregulation (1), the transparent material -

(a) with which -

(i) a window in the roof of a motor vehicle;

(ii) a window or partition of a bus or a minibus; or

(iii) a window or partition of a semi-trailer designed or adapted for the conveyance of passengers, is made, may consist of ultrahigh impact acrylic or polycarbonate plastic material where each pane thereof is permanently marked with the name or trademark of the manufacturer thereof or the trade name of the material and such material is clearly identifiable as ultrahigh impact acrylic or polycarbonate plastic material by a permanent mark describing it as such;

(b) with which a window or partition or a removable or collapsible hood or canopy of a motor vehicle is made, may consist of a flexible plastic material; and

(c) with which a window or partition of a trailer, not designed or adapted for the conveyance of passengers, is made, may in the case where such trailer, according to the registration certificate thereof-

(i) was registered for the first time before 1 January 1987, consist of acrylic or polycarbonate plastic material or of glass; or

(ii) was registered for the first time on or after 1 January 1987, consist of acrylic or polycarbonate plastic material.

(3) No person shall operate on a public road any motor vehicle -

(a) unless the visible light transmittance through-

(i) the windscreen is at least 70 percent; and

(ii) any other window is at least 35 percent, when measured in accordance with paragraph 6.3 of the standard specification SABS 1191 “Safety glass for windows”;

(b) unless any film or tinting material applied to any windscreen, window or partition is free from bubbles, tears or scratches; and

(c) if, from 1 January 2000, any material or film, with a textured surface, displaying a picture or graphics is applied to the rear window that covers more than one-sixteenth of such rear window, or windscreen or a side window.

[Para. (c) substituted by GN R1341/2003]

(4) The provisions of subregulation (3) (a) (ii) shall not apply to an ambulance or a hearse or to windows complying with SABS ECE R43.

[Subreg. (4) substituted by GN R881/2004]

203. Windscreen wiper

No person shall operate on a public road a motor vehicle with a windscreen which is not fitted with at least one windscreen wiper which shall be capable of operation by other than manual means and shall, when in operation, wipe the outside of the windscreen directly in front of the driver, continuously, evenly and adequately: Provided that the provisions of this regulation shall not apply to a motorcycle, a motor tricycle or a motor quadrucycle without a fixed hood.

204. Driving view to be unobstructed

(1) No person shall operate on a public road a motor vehicle-

(a) which is not so constructed and maintained as to afford the driver thereof a full and clear view of the roadway ahead and to his or her right and left when the vehicle is in use;

(b) which is not fitted with a rearview mirror or mirrors enabling the driver of such vehicle, when he or she is in the driving position, to see in clear weather a clear reflection of traffic to the rear: Provided that the provisions of this paragraph shall not apply in respect of a tractor;

(c) which is a motor car, minibus, bus or goods vehicle, the gross vehicle mass of which does not exceed 3 500 kilograms and which, according to the registration certificate thereof, was registered for the first time on or after 1 January 1987, unless it is fitted with an exterior rearview mirror on the driving side and an interior rearview mirror: Provided that where the interior rearview mirror does not enable the driver, when he or she is in the driving position, to see in clear weather, a clear reflection of traffic to the rear, an additional exterior rearview mirror shall be fitted on the side opposite to the driving seat and in such a case it shall not be necessary to fit an interior rearview mirror;

(d) which is a minibus, bus or goods vehicle, the gross vehicle mass of, which exceeds 3 500 kilograms and which, according to the registration certificate thereof, was registered for the first time on or after 1 January 1987, unless it is fitted with an exterior rearview mirror on the driving side and an exterior rearview mirror on the side opposite to the driving seat; or

(e) which is a motor cycle, a motor tricycle or motor quadrucycle unless it is fitted with a rearview mirror on the right side of the handlebars thereof, and such vehicle shall also be fitted with a rearview mirror on the left side of its handlebars.

(2) Every rearview mirror of a motor vehicle -

(a) which-

(i) is a motor car, minibus, bus or goods vehicle, the gross vehicle mass of which does not exceed 3 500 kilograms and which, according to the registration certificate thereof, was registered for the first time on or after 1 January 1976; or

(ii) is a minibus, bus or a goods vehicle, the gross vehicle mass of which exceeds 3 500 kilograms and which, according to the registration certificate thereof, was registered for the first time during the period 1 January 1976 to 31 December 1986, shall be either flat or spherically convex and have an average radius of curvature of not less than one comma two metres; or

(b) contemplated in subregulation (1)(d) shall be either flat or spherically convex and have an average radius or curvature of not less than one comma eight metres.

205. Fuel tank, electrical wiring and battery

No person shall operate on a public road a motor vehicle-

(a) if the fuel tank, carburettor, fuel receptacle or fuel pipe thereof is defective or so exposed that it constitutes a source of danger;

(b) if the filling orifice of the fuel tank is not fitted with an effective cap; or

(c) Unless the electrical wiring and battery are properly installed, insulated and maintained so that such wiring and battery do not constitute a source of danger.

206. Engine of motor vehicle to be covered

No person shall operate on a public road a motor vehicle, other than a motor cycle or other cycle, unless the engine thereof is so covered as not to be a source of danger.

207. Compulsory wearing of protective helmet

(1) No person shall drive or be a passenger on a motor cycle, motor tricycle or a motor quadrucycle, or be a passenger in the side-car attached to a motor cycle, on a public road, unless he or she is wearing a protective helmet-

(a) which is specially designed for use in connection with such cycle; and

(b) which fits him or her properly and of which the chin strap is properly fastened under the chin.

(2) After expiry of three years from the date of commencement of this regulation, no person shall drive or be a passenger on a pedal cycle on a public road unless he or she is wearing a protective helmet which fits him or her properly and of which the chin straps is properly fastened under the chin.

(3) The driver of a motor cycle, motor tricycle, motor quadrucycle or pedal cycle shall ensure that any passenger in or on such cycle who is younger than 14 years, complies with the provisions of subregulation (1) or (2), as the case may be.

(4) Notwithstanding the provisions of subregulations (1) and (3), the driver and passengers of a motor cycle-

(a) equipped with a seatbelt anchorages that comply with the requirements of standard specification SABS 1430 “Motor vehicle safety-anchorages for restraining devices in motor vehicles”, for the driver and passengers (if any);

(b) the engine of which can not move unless the driver and passengers (if any), of the motor cycle wears the seatbelt referred to in paragraph (a); and

(c) that complies with the requirements of annex 11 of the standard specification SABS 1440 “Motor vehicle safety - The steering mechanism of motor vehicles (M, only) - behaviour on impact”,

may drive or be passengers on such motor cycle on a public road while not wearing a protective helmet.

[Reg. 207 substituted by Gen N 2116/2001]

208. Manner in which side-car to be attached to motor cycle

No person shall operate on a public road a motorcycle with side-car, unless such side-car is attached to the left side of the motor cycle in such a manner that the centre-line of the axle of the side-car is within the wheelbase of the motor cycle: Provided that no side-car shall be attached to a motor cycle having an engine with a cylinder capacity of less than 50 cubic centimetres.

209. Exhaust silencers and exhaust pipes

No person shall operate on a public road a motor vehicle-

(a) unless an efficient exhaust silencer or muffling device is affixed thereto in such a manner that the exhaust gas from the engine is projected through such silencer or muffling device, which shall be so constructed as to reduce and muffle in an effective manner the sound produced by such exhaust;

(b) if any mechanism or device is attached thereto enabling the exhaust gas from the engine of such motor vehicle to be projected otherwise than through the silencer or muffling device referred to in paragraph (a);

(c) if the exhaust gas or smoke from the engine is so dense as to cause a nuisance to, or obstruct the vision of other road users;

(d) if the exhaust pipe or silencer thereof is in such a position that oil or other flammable liquid or material can drip or fall onto it, or is not in efficient working order, or is so placed and maintained that exhaust gas or smoke leaks into the driving cab or passenger compartment of the vehicle; and

(e) which, when tested, exceeds the limits prescribed in code of practice SABS 0181 “The Measurement of Noise Emitted by Road Vehicles when Stationary”.

210. Entrances and exits

(1) (a) No person shall operate on a public road a motor vehicle with a fixed hood and a

tare in excess of 570 kilograms unless such vehicle has at least -

(i) a convenient means of entrance and exit on both the left side and the right side; or

(ii) such means of entrance and exit on either the left side or the right side and a ready means of escape on the side opposite to such means of entrance and exit or at the rear, for the occupants thereof.

(b) A motor vehicle with a fixed hood and a tare in excess of 570 kilograms that is conveying passengers in a separate compartment, and

(i) which does not comply with the provisions of paragraph (a)(i) or (a)(ii); or

(ii) which does not afford such passengers unobstructed access to the driving compartment, shall have at least a convenient means of entrance and exit at the rear for such passengers.

(2) An entrance and exit and a means of escape referred to in subregulation (1), shall be protected with a door or other effective barrier: Provided that a means of entrance and exit at the rear of a motor vehicle need not be so protected.

(3) A door or barrier contemplated in subregulation (2) or a door or other barrier with which a means of entrance and exit at the rear of a motor vehicle is protected, shall be

(a) capable of being opened and closed from both the outside and the inside; and

(b) closed and clear of any obstruction when the vehicle is in motion:

Provided that the provisions of paragraph (a) shall not apply to a means of escape which has a barrier which is capable of being opened by being knocked out.

(4) The provisions of this regulation shall not apply to a minibus, bus or the separate compartment of a motor vehicle in which prisoners are conveyed.

211. Motor vehicle to be capable of travelling backwards and forwards

No person shall operate on a public road a motor vehicle, other than a motor cycle, motor tricycle or motor quadrucycle, the tare of which exceeds 570 kilograms, unless it can be driven backwards and forwards.

212. Tyres

No person shall operate on a public road-

(a) a motor vehicle, other than a tractor or trailer, which is equipped with a metal tyre;

(b) a tractor or trailer, other than an animal-drawn vehicle, which is equipped with a metal tyre of less than 130 millimetres in width;

(d) a vehicle which is equipped with a metal tyre unless the whole width of the tread of the tyre is at all times in direct contact with the surface of the road;

(e) a vehicle which is equipped with a tyre which is in such a state of disrepair or in such a condition that it may cause or is likely to cause damage to the road surface or may be or is likely to be a danger;

(f) a motor vehicle which is equipped with a pneumatic tyre of which the rubber covering is so worn or damaged that the fabric or cord used in the construction of such tyre is exposed;

(g) a motor vehicle of which a tyre is so constructed and fitted that the metal part of the wheel to which such tyre is fitted may come into contact with the road surface;

(h) a motor cycle which is equipped with a retreaded tyre;

(i) a motor vehicle which is equipped with a regrooved tyre having a bead diameter of 430 millimetres or less;

(j) a motor vehicle-

(i) which is fitted with a pneumatic tyre unless such tyre displays throughout, across its breadth and around its entire circumference, a pattern which is clearly visible, and has a tread of at least one millimetre in depth, or

(ii) which is fitted with a pneumatic tyre which contains a tyre tread depth indicator, if the tread is level with the tyre tread depth indicator:

Provided that this paragraph shall not apply in respect of a motor cycle with an engine which has a cylinder capacity not exceeding 50 cubic centimetres, or a trailer drawn by a tractor at a speed not exceeding 40 km/h;

[Para. (j) amended by Gen N 2116/2001 and GN R404/2007]

(k) a motor cycle with an engine having a cylinder capacity not exceeding 50 cubic centimetres, which is fitted with a pneumatic tyre which does not at any position on the tread thereof have a visible tread pattern over at least 80 percent of the full width of the tread;

(1) a motor vehicle which is equipped with a pneumatic tyre which has a break in its fabric or which has a cut, measured in any direction on the outside of the tyre and of such depth that it reaches the cords used in the construction of such tyre, in excess of 25 millimetres or 10 percent of the maximum width of the tyre, whichever is the greater;

[Para. (l) amended by GN 871/2005 and GN R891/2006]

(m) a motor vehicle which is equipped with a pneumatic tyre which has a lump or bulge caused by the separation of or a partial break in its structure;

(n) A minibus, midibus, or bus operating in terms of an operating licence issued in accordance with the provisions of the NLTTA, unless such minibus, midibus or bus is fitted with commercial steel radial tyres;

[Para. (n) added by GN 871/2005]

(o) A minibus, midibus or bus, operating in terms of an operating licence issued in accordance with the provisions of the NLTTA unless the steering wheels of such minibus, midibus or bus are fitted with an anti-burst stabilizer device.

[Para. (o) added by GN 871/2005 and GN R891/2006 with effect from a date published by the Minister by notice in the Gazette.]

213. Seatbelts

(1) For the purpose of this regulation-

(a) an adult is a person over the age of 14 years or taller than one comma five metres;

[Para. (a) amended by GN R846/2014 (as corrected by Gen N 975/2014) w.e.f. 30 April 2015]

(b) a child is a person between the age of three years and 14 years, except where such person is taller than one comma five metres;

[Para. (b) amended by GN R846/2014 (as corrected by Gen N 975/2014) w.e.f. 30 April 2015]

[Para. (c) added by GN R846/2014 (as corrected by Gen N 975/2014) w.e.f. 30 April 2015]

(2) Any reference to a safety belt in these regulations shall be construed as a reference to a seat belt.

(3)

(a) Motor vehicles which are required to be fitted with seatbelts in terms of the relevant requirements as contemplated in regulation 216, shall be fitted with seatbelts in accordance therewith.

(b) In addition to the requirements of paragraph (a), no person shall operate a minibus the gross vehicle mass of which exceeds 2 500 kg, unless seatbelts are fitted to the space on the front seat occupied by the driver, and if such front seat has seating accommodation for passengers, unless seatbelts are fitted for the driver and at least one passenger.

(c) No person shall operate a motor vehicle on a public road unless the seatbelts fitted to such motor vehicle are in good working order.

(d) Seatbelts fitted to a motor vehicle may only be removed for repair or replacement purposes and such motor vehicle may not be used on a public road while such seatbelts are being repaired or replaced.

(e) In addition to the requirements of paragraph (a), no person shall operate a minibus or midibus, first registered after 04 September 2006,operating in terms of an operating licence, unless seatbelts are fitted for every seat in the motor vehicle.

[Para. (e) inserted by GN 871/2005, corrected by Gen N 1318/2005 and inserted by GN R891/2006]

(f) the belt configuration for a seat in the rear of a motor vehicle shall be a 2-point belt or a 3-point belt, with anchorages in accordance with SANS 1430: Anchorages for restraining devices in motor vehicles”, and installed in accordance with SANS “ 10168: Installation of safety devices (Safety belts in motor vehicles).

[Para. (f) inserted by GN 871/2005 and GN R891/2006 and substituted by GN R589/2009]

(4) No adult shall occupy a seat in a motor vehicle operated on a public road which is fitted with a seatbelt unless such person wears such seatbelt: Provided that the provisions of this regulation do not apply while reversing or moving in or out of a parking bay or area.

(5) No adult shall occupy a seat on a row of seats in a motor vehicle operated on a public road which is not fitted with a seatbelt, unless all other seats on such row which are fitted with seatbelts, are already occupied.

(6A) The driver of a motor vehicle operated on a public road shall ensure that an infant traveling in such a motor vehicle is seated on an appropriate child restraint: Provided that this provision shall not apply in a case of a minibus, midibus or bus operating for reward.

[Subreg. (6A) inserted by GN R846/2014 (as corrected by Gen N 975/2014) w.e.f. 30 April 2015]

(7) If no seat, equipped with a seatbelt is available in a motor vehicle the driver of the motor vehicle operated on a public road shall ensure that a child shall, if such motor vehicle is equipped with a rear seat, be seated on such rear seat.

(8) (a) A seatbelt shall comply with the standard specification SABS 1080 “Restraining

devices for occupants of adult build in motor vehicles (Revised requirements)” and bear a certification mark or approval mark.

(b) A child restraint shall comply with the standard specification SABS 1340 “Child restraining devices in motor vehicles” and bear a certification mark or approval mark.

(9) The MEC may exempt a person from the provisions of this regulation on such medical grounds and under such conditions he or she may deem expedient

(10) An exemption from wearing a seatbelt in a prescribed territory shall be deemed to be an exemption in terms of subregulation (9) for the period of validity thereof.

(11) The driver of a motor vehicle shall ensure that all persons travelling in such motor vehicle shall wear a seat belt as contemplated in this regulation.

[Subreg. (11) added by GN R1341/2003]

214. Emergency warning signs (Triangles)

(1) For the purpose of this regulation -

(a) the expression “motor vehicle” excludes an ambulance or motor-car first registered before 1 July 2006, a motor cycle, motor tricycle or a motor quadrucycle;

(b) “reflective material” means reflective material which under all circumstances is capable of reflecting light; and

[Para. (c) substituted by GN 871/2005 and GN R891/2006 and deleted by GN R404/2007]

(1A) No person shall operate on a public road -

(a) a goods vehicle, minibus or bus, first registered before 1 July 2007 and with a gross vehicle mass of 3500 kilograms or less, unless there is carried on such a vehicle at least one emergency warning sign, which -

(i) is a double sided sign having the shape, design, minimum dimensions and colours as illustrated hereunder and of which the red portion on each side -

(aa) shall consist of red reflective material; or

(bb) shall be painted red and have retro-reflectors in each corner; or

(ii) is an emergency sign contemplated in paragraph (b);

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(b) any other motor vehicle, unless there is carried on such vehicle at least one emergency warning sign which is a warning sign complying with the requirements of standard specification SABS 1329 “Retro-reflective and Fluorescent Warning Signs for Road Vehicles” Part 1: “Triangles or UN ECE Regulation 27 “Uniform provisions for the approval of advance-warning triangles” and bears a certification mark.

Provided that in the case of a combination of motor vehicles, the emergency warning sign for every motor vehicle of such combination may be carried on the drawing vehicle.

[Subreg. (1A) inserted by GN R404/2007]

(2) Where a motor vehicle is for any reason stationary on the roadway or the shoulder of a public road, the driver of such vehicle shall display or cause to be displayed at least one emergency warning signs in the manner contemplated in subregulation (4).

(3) No person shall, without lawful cause, remove or tamper with any emergency warning sign, which is being displayed in accordance with the provisions of this regulation.

(4) At least one emergency warning sign shall be displayed in the following manner:

(a) The sign shall be placed not less than 45 metres from the motor vehicle along the roadway of the public road concerned in the direction from which traffic will approach such vehicle when travelling on the side of the roadway closest to such motor vehicle;

(b) the sign shall be placed approximately as far from the edge of the roadway as the transverse centre of the motor vehicle is from the edge of the roadway; and

(5) The provisions of subregulation (2) shall not apply where a motor vehicle is stationary-

(a) in a place where a road traffic sign authorises the loading or unloading of a vehicle;

(b) in compliance with any direction conveyed by a road traffic sign or given by a traffic officer;

(c) on account of other traffic on the public road concerned and while the driver occupies the driving seat of such motor vehicle; or

(d) in the course of events accompanying the carrying out of a State or municipal function.

[Reg. 214 substituted by GN R1341/2003 and GN R881/2004]

215. Speedometers

(1) No person shall operate on a public road a motor vehicle which is designed for or capable of reaching a speed of 60 kilometres per hour or more on a reasonably level road, unless such vehicle is equipped with a speedometer which is in a good working order.

(1A) No person shall operate a-

(a) minibus;

(b) midibus;

(d) goods vehicle the gross vehicle mass of which exceeds 3 500 kilograms,

first registered after 1 December 2016, unless such minibus, midibus, bus or goods vehicle is fitted with a speed governor, restricting the speed of such motor vehicle to the speed limits as contemplated in regulation 293.

[Subreg. (1A) inserted by GN R891/2006 with effect from a date published by the Minister by notice in the Gazette and substituted by GN R846/2014 (as corrected by Gen N 975/2014) w.e.f. 31 October 2014]

(2) The provisions of subregulation (1) shall not apply to -

(a) a trailer; or

(b) ……….

[Para. (b) deleted by GN R359/2010]

216. Motor vehicles operated on public road to comply with compulsory vehicle specifications

(1) A motor car, minibus, bus or goods vehicle fitted with at least four wheels, or a trailer, operated on a public road, shall comply with the relevant requirements as specified in the Government Notices issued in terms of section 22 of the Standards Act, 1993 (Act No. 29 of 1993) and listed in Annex A to code of practice SABS 047: “The testing of motor vehicles for roadworthiness”.

(2) No person shall operate on a public road a motor vehicle unless all the equipment required to be on such motor vehicle in terms of subregulation (1), is fitted to such vehicle and in good working order.

(3) Notwithstanding anything pertaining to the extent of the application of the requirements referred to in subregulation (1), any motor vehicle design or any design of a motor vehicle modification submitted to the inspectorate of manufacturers, builders and importers in terms of regulation 43, shall comply with the requirements relevant to such motor vehicle design or any design of a motor vehicle modification.

217. Wheel flaps

(1) After 1 July 1999, no person shall operate a trailer with a gross vehicle mass exceeding 3 500 kg, or a bus or goods vehicle with a gross vehicle mass exceeding 7 500 kg, on a public road unless it is fitted with wheel flaps-

(a) which are properly maintained and approved by the vehicle manufacturer; or

(b) which comply with standard specification SABS 1496 wheel flaps fitted to motor vehicles.

(2) The provisions of subregulation (1) shall not apply to-

(a) a chassis or a cab and chassis which is being driven to a manufacturer, builder or motor dealer;

(b) a truck-tractor or a haulage tractor; or

[Para. (b) substituted by GN R846/2014 w.e.f. 31 October 2014]

(c) a vehicle which complies with the provisions of standard specification SABS 1496 “Wheel flaps fitted to motor vehicles”, due to its design.

218. Rear underrun protection device

Subject to such exemptions as maybe provided for under any specification as referred to in regulation 216, a rear underrun protection device which complies with the standard specification SABS 1055 “Rear underrun protection devices”, shall be fitted to-

(a) a trailer the gross vehicle mass of which exceeds 3 500 kg, first registered on or after 1 January 1988;

(b) any other goods vehicle the gross vehicle mass of which exceeds 12 000 kg, first registered on or after 1 January 1988, but after 1 January 2000, such rear underrun protection device shall be fitted to any trailer the gross vehicle mass of which exceeds 3 500 kg and any goods vehicle the gross vehicle mass of which exceeds 12 000 kg.

219. Axle or axle unit to be. fitted to semi-trailer

A semi-trailer first registered on or after 1 July 1999, shall be fitted with only one axle or one axle unit, which axle unit shall be fitted with suspension of one type only namely either air suspension, steel suspension, or rubber suspension.

220. Certain vehicles exempt from certain provisions of this Part

(1) Except for a breakdown vehicle, any vehicle, which is a drilling machine, a mobile crane, a fork lift, a straddle truck, a road making machine, an earthmoving machine, an excavation machine, a construction machine or a loading machine, is exempt from the provisions of this Part, except for the provisions of regulations 149, 149A, 151, 153, 154, 155, 156, 200, 202, 203, 204, 205, 209, 210, 211 and 212: Provided that-

(a) no such vehicle shall be operated on the roadway of a public road during the period between sunset and sunrise and at any other time when, due to insufficient light or unfavourable weather conditions, persons and vehicles upon the public road are not clearly discernible at a distance of 150 metres;

(b) the driver of any such vehicle on the roadway of a public road shall stop such vehicle, and where possible, drive it off the roadway if it be necessary in order to allow other vehicular traffic to pass;

(c) no such vehicle, other than a mobile crane which is operated for the purpose of removing any hazard or obstruction on a freeway, shall be operated on a freeway.

(2) Any vehicle, including a tractor, which is not a goods vehicle and which is used solely for bona fide agricultural, horticultural, viticultural or pastoral pursuits and when operated on a public road, shall, except for the provisions of regulations 149, 149A, 151, 153, 154, 155, 156, 200, 202, 203, 204, 205, 209, 210 and 212, be excluded from the provisions of this part: Provided that-

(a) no such vehicle shall be operated on the roadway of a public road during the period between sunset and sunrise and at any other time when, due to insufficient light or unfavourable weather conditions, persons and vehicles upon the public road would not be clearly discernible at a distance of 150 metres;

(b) the driver of any such vehicle on the roadway of a public road shall stop such vehicle and, where possible, drive it off the roadway if it be necessary in order to allow other vehicular traffic to pass;

(3) A motor vehicle manufactured before 1965 is exempt from any provisions of this Part in so far as the fitment of the equipment required in terms of this Part will alter the original design and equipment of such motor vehicle.

[Subreg. (3) amended by GN R404/2007]

Part III

Dimensions of vehicles

221. Overall length of vehicle

No person shall operate on a public road-

(a) a trailer which is coupled to a drawing vehicle in such a manner that the trailer and the drawing vehicle cannot swivel in a horizontal plane at the coupling, if the overall length including any drawbar or coupling exceeds one comma eight metres;

(b) a trailer with one axle or one axle unit, other than a semi-trailer-

(i) the gross vehicle mass of which exceeds 12 000 kilograms, if the overall length of such trailer, excluding any drawbar or coupling, exceeds 11,3 metres; or

(ii) the gross vehicle mass of which does not exceed 12 000 kilograms, if the overall length of such trailer, excluding any drawbar or coupling, exceeds eight metres;

(c) a trailer not referred to in paragraph (b), excluding a semi-trailer, the gross vehicle mass of which exceeds 12 000 kilograms, if the overall length of such trailer, excluding any drawbar or coupling, exceeds 12,5 metres;

(d) an articulated motor vehicle or any other combination of motor vehicles consisting of a drawing vehicle and a semi-trailer, if the overall length of such motor vehicle or combination of motor vehicles, including any drawbar or coupling, exceeds 18,5 metres;

(e) a bus-train, if the overall length thereof exceeds 22 metres;

Provided that in the case of a rapid transport bus-train, the limit on the overall length shall not exceed 26 metres.

[Proviso added by GN R359/2010]

[Para. (e) amended by GN R1341/2003]

(eA) a bus, if the overall length thereof exceeds 15 metres;

[Para. (eA) inserted by GN R1341/2003]

(f) any other vehicles, excluding a semi-trailer, if the overall length thereof, including any drawbar or coupling, exceeds 12,5 metres; or

(g) any other combination of motor vehicles, if the overall length thereof, including any drawbar or coupling, exceeds 22 metres: Provided that the provisions of this paragraph shall not apply to a breakdown vehicle while towing another motor vehicle.

Provided that equipment fitted to the front of a vehicle to protect its bodywork and lighting equipment and that increases the overall length of that vehicle by not more than 300 millimetres, shall not be taken into account for the purpose of calculation of the overall length of a vehicle: Provided further that the said protection equipment does not include the bumper fitted by the manufacturer of the motor vehicle concerned.

[Proviso inserted by Gen N 2116/2001]

222. Restriction on combination of motor vehicles

(1) Subject to subregulation (3), no person shall operate on a public road any combination of motor vehicles-

(a) other than a drawing vehicle and one or two trailers;

(b) other than a motor vehicle drawing one other motor vehicle which is not a trailer; and

(c) other than a motor vehicle drawing another motor vehicle which is not a trailer, and a trailer, in the case of an emergency or a breakdown.

(2) Subject to subregulation (3), no person shall operate on a public road a combination of motor vehicles-

(a) consisting of a trailer attached to a drawing vehicle in such a manner that the combination of trailer and drawing vehicle cannot bend in a horizontal plane, if the combined length of such trailer, including any drawbar or coupling and the rear overhang of the drawing vehicle, exceeds three comma one metres;

(b) consisting of a trailer or trailers attached to a drawing vehicle if the length of the drawbar of any trailer in such combination, where such trailer has more than one axle, exceeds two metres: Provided that in the case of an underslung coupling, the drawbar may exceed two metres if the distance between the two vehicles does not exceed two comma five metres.

(3) Subject to regulation 239(2), any combination of vehicles may be towed by a breakdown vehicle if the brake system of the towed combination, excluding the drawing vehicle of such combination, is functional and coordinated with the working of the brakes of the breakdown vehicle.

(4) For the purposes of paragraph (a) of subregulation (1), a converter dolly shall, when used in combination with a semi-trailer, be deemed not to be a trailer.

(5) Notwithstanding anything contained in this regulation, no person shall use a breakdown vehicle or motor vehicle, that must display the information referred to in regulation 245(1)(b)(v), to tow or draw another vehicle on a public road, unless such information is displayed in terms of regulation 245 on such breakdown vehicle or motor vehicle.

[Subreg. (5) inserted by Gen N 2116/2001]

223. Overall width of vehicle

No person shall operate on a public road-

(a) a bus of which the distance between the centre-lines of the tyres of the two front wheels exceeds one comma nine metres, if the overall width of such bus exceeds two comma six metres;

(b) a goods vehicle the gross vehicle mass of which is 12 000 kilograms or more, if the overall width thereof exceeds two comma six metres; or

224. Overall height of vehicle and load

No person shall operate on a public road a motor vehicle together with any load thereon, the overall height of which-

(a) in the case of a double-deck bus exceeds four comma six five metres; and

(b) in the case of any other motor vehicle exceeds four comma three metres.

225. Turning radius and wheelbase

No person shall operate on a public road a vehicle-

(a) the maximum turning radius of which exceeds 13,1 metres: Provided that in the case of a bus-train and a twin steer 4 axle rigid goods vehicle, the turning radius exceeds 17,5 metres; and

[Para. (a) substituted by GN R1341/2003]

(b) the wheelbase of which exceeds, in the case of-

(i) a semi-trailer, 10 metres;

[Item (i) substituted by GN R1341/2003]

(ii) a bus-train, 8,5 metres, measured from the from the centre of the front axle to the centre of the middle axle or axle unit; or

[Item (ii) substituted by GN R404/2007]

(iii) any other vehicle, eight and a half metres.

226. Overhang of vehicle

(1) No person shall operate on a public road-

(a) a semi-trailer, the front overhang of which exceeds one comma eight metres; or

(b) a vehicle, other than a semi-trailer or a trailer with one axle or one axle unit, the front overhang of which exceeds

(i) 60 percent of the wheelbase;

(ii) six comma two metres in the case of a vehicle having the front surface of the back rest of the driving seat at seat level not more than one comma seven metres from the front end of the vehicle when such seat, if adjustable, is in the rearmost position, lets half the wheelbase: Provided that the wheelbase of a bus-train shall be the distance measured from the centre of the front axle to the centre of the middle axle; or

(iii) five comma eight metres in the case of any other vehicle, less half the wheelbase.

(2) No person shall operate on a public road-

(a) a vehicle designed or adapted for use in connection with street cleaning or the disposal of refuse or sewage, or any vehicle referred to in regulations 220, 230 or 249, or any bus, or motor home, the rear overhang of which exceeds 70 percent of its wheel base;

[Para. (a) amended by GN R404/2007]

(b) a trailer, other than a semi-trailer, which is equipped with-

(i) one axle;

(ii) one axle unit; or

(iii) two axles, the distance between the centre-lines of which is less than one comma two metres, if the rear overhang exceeds 50 percent of the length of the body of such trailer; or

(c) any vehicle, not referred to in paragraph (a) or (b), the rear overhang of which exceeds 60 percent of its wheelbase.

227. Projections in case of vehicle other than motor cycle, motor tricycle or pedal cycle

(1) No person shall operate on a public road a vehicle, other than a motor cycle, motor tricycle or pedal cycle-

(a) carrying any goods which project-

(i) either side of the longitudinal centre-line of the vehicle by more than-

(aa) in the case of a bus contemplated in regulation 223(a) or a goods vehicle contemplated in regulation 223(b), one comma three metres; or

(bb) in the case of any other vehicle, one comma two five metres:

Provided that any side mirror or direction indicator on the vehicle shall not be taken into account;

(ii) more than 300 millimetres beyond the front end of the vehicle; or

(iii) more than one comma eight metres beyond the rear end of the vehicle; or

(b) of which-

(i) the front overhang, together with any projection, exceeds the front overhang as provided in regulation 226(1)(b); or

(ii) any bracket projects more than 150 millimetres beyond the widest part of the vehicle.

(2) No person shall operate on a public road a vehicle or combination of vehicles where the combined length of such vehicle or combination of vehicles and any projection exceeds the overall length prescribed in regulation 221 for such vehicle or combination of vehicles.

[Reg. 227 substituted by GN R589/2009]

228. Projections in case of motor cycle, motor tricycle or pedal cycle

No person shall operate on a public road a motor cycle, motor tricycle, or pedal cycle if any goods carried thereon, or on any portion or side-car of such cycle, project more than 600 millimetres to the front of the axle centre of the front wheel or more than 900 millimetres to the rear of the axle centre of the rear wheel or more than 450 millimetres on either side of the wheels of such cycle, or more than 300 millimetres to the outside of the wheel of any side-car: Provided that the provisions of this regulation shall not apply in respect of any side mirror or crash bar.

[Reg. 228 substituted by GN R589/2009]

229. Warning in respect of projecting load

(1) No person shall operate a vehicle on a public road if the load on such vehicle projects more than 150 millimetres beyond the side thereof, unless-

(a) during the period between sunset and sunrise and at any other time when, due to insufficient light or unfavourable weather conditions, persons and vehicles upon the public road would not be clearly visible at a distance of 150 metres, the extent of such projection is indicated-

(i) by means of either a white retro-reflector or a lamp emitting a white light, fitted at the outer edge of the front of such load; and

(ii) by means of either a red retro-reflector or a lamp emitting a red light, fitted at the outer edge of the rear of such load; and

(b) during any other period, the extent of such projection is indicated by means of flags of red cloth, not less than 300 millimetres by 300 millimetres, suspended by two adjacent corners thereof transversely to the direction in which the vehicle is travelling, from the front and rear of such projection.

(2) No person shall operate a vehicle on a public road if the load on such vehicle projects more than 300 millimetres beyond the rear thereof, unless-

(i) the width of such projection is indicated by means of red retro-reflectors or lamps emitting a red light fitted on the end of such projection: Provided that where the width of any such projection is less than 600 millimetres it shall be sufficient for the purpose of indicating such width to fit one retro-reflector or lamp on the end thereof; and

(ii) the length of such projection is indicated by means of yellow retro-reflectors or lamps emitting a yellow light fitted on both sides of such projection at the end thereof; and

(b) during any other period, the length of such projection is indicated by means of a red flag or red cloth, not less than 300 millimetres by 300 millimetres, suspended by two adjacent corners thereof transversely to the direction in which the vehicle is travelling, from the end of such projection, and the width of such projection is indicated by means of such flags suspended by two adjacent corners thereof parallel to the direction in which the vehicle is travelling, from both sides of such projection at the end thereof: Provided that where the width of such projection is less than 600 millimetres it shall be sufficient for the purposes of indicating such projection to suspend one such flag from the end thereof.

(3) For the purposes of this regulation, the light of any lamp shall comply with the provisions of regulation 158(2).

230. Certain vehicles exempt from provisions of this Part

(1) Except for a breakdown vehicle, any vehicle, which is a drilling machine, a mobile crane, a fork lift, a straddle truck, a road making machine, an earthmoving machine, an excavation machine, a construction machine or a loading machine is exempt from the provisions of this Part, except for the provisions of regulations 224 and 226: Provided that-

(a) no such vehicle shall be operated on the roadway of a public road during the period between sunset and sunrise and at any other time when, due to insufficient light or unfavourable weather conditions, persons and vehicles upon the, public road would not be clearly discernible at a distance of 150 metres;

(b) the overall width of any such vehicle shall not exceed three and a half metres;

(c) the driver of any such vehicle on the roadway of a public road shall stop such vehicle, and where possible, drive it off the roadway if it be necessary in order to allow other vehicular traffic to pass;

(d) any such vehicle exceeding the overall length prescribed in regulation 221 or the overall width prescribed in regulation 223 shall display two flags of red cloth not less than 600 millimetres by 600 millimetres, in such manner as to indicate its abnormal length or width and such flags shall be suspended from the vehicle transversely to the direction of travel; and

(e) no such vehicle, other than a mobile crane which is operated for the purpose of removing any hazard or obstruction on a freeway, shall be operated on a freeway.

(2) Any vehicle, including a tractor, which is not a goods vehicle and which is used solely for bona fide agricultural, horticultural, viticultural or pastoral pursuits and when operated on a public road, is exempt from the provisions of this Part, except for the provisions of regulation 224: Provided that-

(a) no such vehicle shall be operated on the roadway of a public road during the period between sunset and sunrise and at any other time when, due to insufficient light or unfavourable weather conditions, persons and vehicles upon the public road would not be clearly discernible at a distance of 150 metres;

(i) exceeds the overall length prescribed in regulation 221;

(ii) encroaches beyond half the width of the roadway except when overtaking other vehicles or crossing bridges; or

(iii) is more than two comma six metres but less than three and a half metres wide, two flags of red cloth shall be displayed not less than 600 millimetres by 600 millimetres in such manner as to indicate its abnormal length or width and such flags shall be suspended from the vehicle transversely to the direction of travel, but the vehicle may be fitted with amber flashing lights in lieu of such flags; and

(d) the overall width of any such vehicle shall not exceed four and a half metres:

Provided further that when the overall width exceeds three and a half metres-

(i) such vehicle shall not normally encroach beyond half the width of the roadway except when overtaking other vehicles or crossing bridges; and

(ii) if such vehicle does encroach beyond half the width of the roadway, two escort vehicles with the headlamps switched on and displaying red flags of the size prescribed in paragraph (c) or amber flashing lights shall be provided, one travelling in front and one to the rear of such vehicle;

(e) no such vehicle shall be operated on a freeway.

Part IV

Loads on vehicles

231. Manner in which children to be counted for purposes of regulations

For the purposes of establishing the number of persons that may in terms of these regulations, other than regulation 263, be carried on any vehicle, other than a motor cycle, motor tricycle, motor quadrucycle or pedal cycle-

(a) any child under the age of three years shall not be counted;

(b) two children of three years or over but under the age of six years shall be counted as one person; and

Provided that in applying the provisions of this regulation, fractions shall be disregarded.

232. Mass of person and luggage for determining maximum load for homologation and testing purposes

For the purpose of establishing the maximum mass of a person and his or her hand luggage which may be conveyed on a motor vehicle for the purpose of determining the seating capacity of such vehicle to homologate a vehicle -

(a) the mass of a person together with his or her hand luggage shall, be taken as 68 kilograms;

(b) in the case of a motor vehicle which is fitted with-

(i) a luggage compartment, the mass of luggage shall be calculated at the rate of 100 kilograms per cubic metre; or

(ii) a roof rack, the mass of luggage shall be calculated at the rate of 75 kilograms per square metre of area of the roof rack:

Provided that where a motor vehicle is examined for the purpose of obtaining a roadworthy certificate as contemplated in regulation 142, the provisions of this paragraph shall not apply in the determination of the seating capacity of such motor vehicle.

[Reg. 232 substituted by GN R1341/2003]

233. Number of persons that may be carried on motor vehicle in relation to seating capacity

(1) Subject to the provisions of regulation 231, no person shall operate on a public road a motor vehicle, other than a minibus or bus which is used for hire or reward, motor cycle, motor tricycle, motor quadrucycle or pedal cycle -

(a) the number of persons on any seat of such vehicle exceeds the number of persons for whom seating accommodation is provided for on such seat, at the rate of 380 millimetres per person measured at the widest part of the seat with the doors closed; and

(b) the total number of persons carried on such vehicle, excluding persons carried in the goods compartment of the vehicle, exceeds the number of persons for whom seating accommodation, determined in the manner referred to in paragraph (a), is available in such vehicle: Provided that, one child over the age of three years but under the age of six years may be carried on each transverse seat, in excess of the number of persons for whom seating accommodation is available on such seat, determined in the manner referred to in paragraph (a).

(2) Subject to the provisions of regulation 231, no person shall operate on a public road, a minibus, midibus or bus operating in terms of an operating license issued in accordance with the provisions of the NLTTA, first registered after 04 September 2006, if the number of persons on any seat exceeds the number of persons for whom seating accommodation is provided for, on such a seat at a rate of 400 millimetres per person, measured at the widest part of the seat with the doors closed;

[Subreg. (2) substituted by Gen N 1319/2005 and GN R891/2006]

(2A) Subject to the provisions of regulation 231, no person shall operate on a public road, a rapid transport bus or a rapid transport bus-train if the number of seated persons exceeds the number of persons for whom seating accommodation is provided for, on such a seat at a minimum rate of 420 millimeters per person, measured at the widest part of the seat with the doors closed but which does not apply to tip up seats in the wheelchair bay.

[Subreg. (2A) inserted by GN R359/2010]

(3) For the purposes of subregulations (1) and (2) a row of seats shall be regarded as one seat.

[Subreg. (3) substituted by GN R1341/2003]

(4) Where in this regulation a reference is made to a maximum or minimum dimension, a tolerance of 10 millimeters shall apply to such dimension.

[Subreg. (4) amended by GN R1341/2003 and substituted by GN R881/2004]

234. Permissible maximum axle massload of vehicle

(1) No person shall operate on a public road a minibus, bus, tractor or goods vehicle if the permissible maximum axle massload of such vehicle is exceeded.

(2) The permissible maximum axle massload of a vehicle shall be the least of the mass limits determined by-

(a) regulation 238(1) in respect of a vehicle fitted with pneumatic tyres or regulation 238(2) and 243 in respect of a vehicle fitted with tyres other than pneumatic tyres;

(b) regulation 239(1)(a)(ii); and

235. Permissible maximum axle unit massload of vehicle

(1) No person shall operate on a public road a minibus, bus, tractor or goods vehicle if the permissible maximum axle unit massload of such vehicle is exceeded.

(2) The permissible maximum axle unit massload of a vehicle shall be the least of the mass limits determined by-

(a) regulation 238(1) in respect of a vehicle fitted with pneumatic tyres or regulation 238(2) and 243 in respect of a vehicle fitted with tyres other than pneumatic tyres;

(b) regulation 239(1)(a)(iii); and

236. Permissible maximum vehicle mass

(1) No person shall operate on a public road a minibus, bus, tractor or goods vehicle if the permissible maximum vehicle mass of such vehicle is exceeded.

(2) The permissible maximum vehicle mass of a vehicle shall be the least of the mass limits determined by-

(a) the sum of all the permissible maximum axle massloads and axle unit massloads of the vehicle as contemplated in regulations 234 and 235;

(b) regulation 239(1)(a)(i);

(d) regulation 239(3); and

(e) regulation 241:

Provided that the permissible maximum vehicle mass of such vehicle shall not exceed 56 000 kilograms.

237. Permissible maximum combination mass

(1) No person shall operate on a public road a combination of vehicles where the drawing vehicle is a minibus, bus, tractor or goods vehicle, if the permissible maximum combination mass of such combination is exceeded.

(2) The permissible maximum combination mass of a combination of vehicles shall be the least of the mass limits determined by-

(a) the sum of all the permissible maximum axle massloads and axle unit massloads of the combination of vehicles as contemplated in regulations 234 and 235;

(b) regulation 239(1)(b);

(d) regulation 239(3); and

(e) regulation 241:

Provided that the permissible maximum combination mass of such combination shall not exceed 56 000 kilograms. Provided further that in the case where the drawing vehicle is a haulage tractor with a single driving axle, the permissible maximum combination mass shall not exceed 48 000 kilograms.

[Proviso substituted by GN R846/2014 w.e.f. 31 October 2014]

238. Load on tyres

(1) No person shall operate on a public road a motor vehicle-

(a) which is fitted with pneumatic tyres, where any wheel massload is in excess of the wheel massload referred to in the appropriate part of the standard specification SABS 1550 “Motor Vehicle Tyres and Rims: Dimensions and Loads”, Part 1: “General”, Part 2: “Passenger car tyres”, and Part 3: “Commercial vehicle tyres”; or

(b) where any pneumatic tyre is not mentioned in the standard specification referred to in paragraph (a), where the wheel massload is in excess of the wheel massload approved by the manufacturer of the tyre concerned:

Provided that for the purposes of determining the pressure in a tyre the temperature of the tyre shall be disregarded.

(2) No person shall operate on a public road any vehicle fitted with tyres, other than pneumatic tyres, if the wheel massload exceeds eight kilograms per one millimetre width of any such tyre.

239. Gross vehicle mass, gross axle massload, gross axle unit massload, gross combination mass, power to mass ratio and axle massload of driving axle to total mass ratio not to be exceeded

(1) No person shall operate on a public road a minibus, bus, tractor or goods vehicle

(a) if -

(i) the gross vehicle mass;

(ii) any gross axle massload; or

(iii) any gross axle unit massload, is exceeded;

(b) drawing any other motor vehicle if the gross combination mass is exceeded.

(2) No person shall operate on a public road a vehicle which is a minibus, midibus, bus, tractor, haulage tractor or goods vehicle if the mass in kilograms of such vehicle or of a combination of vehicles of which such first-mentioned vehicle forms a part, whether laden or unladen, exceeds a figure arrived at by multiplying the net power in kilowatts of the engine of such vehicle as determined in accordance with or calculated with due regard to SANS 10013 “The determination of performance (at net power) of internal combustion engines Part 1: Road vehicle internal combustion engines at sea level”, “The determination of performance (at net power) of internal combustion engines Part 2: Compression ignition engines at altitudes” and “The determination of performance (at net power) of internal combustion engines Part 3: Agricultural vehicle internal combustion engines at sea level”-

[Words preceding para. (a) substituted by GN R846/2014 w.e.f. 31 October 2014]

(a) in the case of the drawing vehicle being a tractor or a haulage tractor by 400; or;

[Para. (a) substituted by GN R846/2014 w.e.f. 31 October 2014]

(b) in the case of any other vehicle by 240.

(3) No person shall operate on a public road a vehicle which is a minibus, midibus, bus, tractor or goods vehicle if the mass in kilograms of such vehicle or of a combination of vehicles of which such first-mentioned vehicle forms a part, whether laden or unladen, exceeds five times the total axle massload of the driving axle or axles of such vehicle: Provided that where the drawing vehicle in a combination of vehicles is a haulage tractor, the mass in kilograms of such combination of vehicles may not exceed six times the total axle mass load of the driving axle or axles of such vehicle, whether the combination is laden or unladen.

[Subreg. (3) substituted by GN R846/2014 w.e.f. 31 October 2014]

240. Massload carrying capacity of road

No person shall operate on a public road a motor vehicle or a combination of motor vehicles, the wheels of which are fitted with pneumatic tyres, if-

(a) the wheel massload of wheels

(i) which are fitted to a steering axle, exceeds 3 850 kilograms; or

(ii) which are fitted to axles other than a steering axle, exceeds 4 000 kilograms;

(b) the axle massload of an axle fitted with two or three wheels and

(i) which is a steering axle, exceeds 7 700 kilograms; or

(ii) which is an axle other than a steering axle, exceeds 8 000 kilograms;

(i) of which is fitted to a vehicle designed to compact refuse and which is carrying such refuse, exceeds 10 200 kilograms;

(ii) which is fitted to a breakdown vehicle, exceeds 10 200 kilograms;

(iii) which is placed in the rear or middle of a bus-train, exceeds 10 200 kilograms;

Provided that in the case of a rapid transport bus-train the limit on the drive axle shall be 13 000 kilograms and on the other non-steering axle shall be 13 000 kilograms.

[Proviso added by GN R359/2010]

(iv) which is fitted to a bus, other than a bus-train, exceeds 10 200 kilograms; or

Provided that in the case of a rapid transport complementary bus, or a rapid transport trunk bus, this limit shall be 12 000 kilograms.

[Proviso added by GN R359/2010]

(v) which is not mentioned in items (i) to (iv), exceeds 9 000 kilograms;

(d) the axle massload of an axle unit which consists of two axles, each of which are fitted with two or three wheels, and

(i) which is a steering axle unit, exceeds 15 400 kilograms; or

(ii) which is an axle unit other than a steering axle unit, exceeds 16 000 kilograms;

(e) the axle massload of an axle unit which consists of two axles, each of which are fitted with four wheels, and

(i) which is fitted to a vehicle, except a trailer, designed to compact refuse and which is carrying such refuse, exceeds 20 400 kilograms;

[Item (i) amended by Gen N 2116/2001]

(ii) which is fitted to a breakdown vehicle, exceeds 20 400 kilograms; or

(iii) which is not mentioned in items (i) and (ii), exceeds 18 000 kilograms;

(f) the axle massload of an axle unit which consists of three or more axles, each of which are fitted with two or three wheels, and

(i) which is a steering axle unit, exceeds 23 100 kilograms; or

(ii) which is an axle unit other than a steering axle unit, exceeds 24 000 kilograms; or

(g) the axle massload of an axle unit which consists of three or more axles, each of which are fitted with four wheels, exceeds 24 000 kilograms; and

[Para. (g) substituted by GN R359/2010 and GN R1113/2010. GN R1113/2010 subsequently revoked by Gen 118/2011; Para. (g) substituted by GN R541/2011]

(h) the axle mass load of an axle-unit which consists of two axles, one of which is a drive axle with four wheels and the other is an axle with two wheels, and which is fitted to a rapid transport bus, if the sum of the two axle mass loads exceeds 18 200 kilograms.

[Para. (h) added by GN R1113/2010. GN R1113/2010 subsequently revoked by Gen 118/2011; Para. (h) added by GN R541/2011]

Provided that the limitations on steering axles and steering axle-units in paragraph (a), (b), (d) and (f) above, do not apply to any axle or axle-units which assist in reducing the turning circle of a rapid transport bus or rapid transport bus-train, but which is not the front axle or front axle-unit.

[Proviso added by GN R359/2010]

241. Massload carrying capacity of bridges

(1) No person shall operate on a public road a vehicle or combination of vehicles, the wheels of which are fitted with pneumatic tyres, if the total axle massload of any group of axles of such vehicle or combination of vehicles exceeds the mass in kilograms determined by multiplying the dimension of such group measured as referred to in subregulation (3) by 2 100 and adding 18 000.

(2) A group of axles referred to in subregulation (1) may comprise any series of axles, but shall not consist of one axle unit referred to in regulation 240(d), (e), (f) or (g) alone.

(3) (a) The dimension referred to in subregulation (1) shall be measured in metres and

tenths of a metre from the centre of the first axle of any group of axles to the centre of the. last axle of such group.

(b) If the dimension so measured is not a definite figure in metres and tenths of a metre, the next highest number in tenths of a metre with which the dimension so measured is exceeded shall be used for the calculation referred to in subregulation (1).

(c) Where a group of axles of a combination of vehicles is measured, the vehicles of such combination shall be positioned in line and both sides of such combination of vehicles shall be measured, and if the dimensions of the two sides differ, the longer dimension shall be used for the calculation referred to in subregulation (1).

242. Distribution of axle massload and wheel massload on vehicle fitted with pneumatic tyres

Notwithstanding the provisions of regulation 240, no person shall operate on a public road a motor vehicle which is fitted with pneumatic tyres if

(a) on any axle with-

(i) two tyres, the wheel massload on one tyre exceeds the wheel massload on the other tyre by more than 10 percent; or

(ii) four tyres, the wheel massload on two tyres nearest to each other exceeds the wheel massload on the other two tyres by more than 10 percent;

(b) in the case of a combination of motorvehicles consisting of a truck-tractor and at least one semi-trailer, the axle mass load of any steering axle or the sum of the axle mass loads of any steering axle unit is less than 11 percent of the sum of all axle mass loads of the truck tractor and the first semi-trailer that is coupled to the truck-tractor, of the said combination of motor vehicles;

[Para. (b) substituted by Gen N 2116/2001]

(bA) in the case of a haulage tractor, whether part of a combination of vehicles or not, the axle massload of any steering axle must not be less than 15 percent of the sum of all the axle massloads of such haulage tractor;

[Para. (bA) substituted by GN R846/2014 w.e.f. 31 October 2014]

(c) in the case of a motor vehicle, not being a combination of motor vehicles as referred to in paragraph (b), with a steering axle unit, the sum of the axle mass loads of such steering axle unit is less than 30 percent of the sum of all axle mass loads of such vehicle; or

Provided that in the case of a rapid transport bus-train no limit shall apply.

[Proviso added by GN R359/2010]

[Para. (c) substituted by Gen N 2116/2001]

(d) in the case of any other vehicle the axle massload of a steering axle is less than 20 percent of the sum of all axle massloads of such vehicle, except in the case of a tractor when the axle massload of the steering axle shall not be less than 12 percent of the sum of all the axle massloads of such tractor.

243 Axle massload of vehicles fitted with tyres other than pneumatic tyres

No person shall operate on a public road a vehicle fitted-

(a) with metal tyres, if any axle massload of such vehicle exceeds 2 700 kilograms; or

(b) with tyres, other than pneumatic or metal tyres, if any axle massload or the sum of all axle massloads of such vehicle exceeds 50 percent of that permitted for vehicles fitted with pneumatic tyres in terms of regulation 240 or, if the axle massload of any steering axle of such vehicle does not comply with the requirements of paragraphs (b), (c) or (d) of regulation 242.

244. Information to be displayed on certain motor vehicles

No person shall operate on a public road a minibus, bus or goods vehicle which, according to the registration certificate thereof was registered for the first time prior to 1 January 1989 and of which the gross vehicle mass does not exceed 3 500 kilograms, unless there is displayed in a conspicuous position on the left side thereof in letters and figures of not less than 40 millimetres in height and which shall be clearly legible at all times-

(a) the tare of such vehicle in kilograms (denoted as T);

(b) the permissible maximum vehicle mass referred to in regulation 236 in kilograms (denoted as V); and

(c) if the vehicle is used to draw any other vehicle, the permissible maximum drawing vehicle mass which shall be the least of the masses determined in terms of regulation 239(1)(b), (2) or (3) in kilograms (denoted as D/T):

Provided that if such vehicle is fitted with a plate as referred to in regulation 245, the provisions of this regulation shall not be applicable to such motor vehicle.

245. Information plates on certain vehicles

(1) No person shall operate on a public road a minibus, bus, goods vehicle or mobile crane which, according to the registration certificate thereof-

(a) was registered for the first time prior to 1 January 1989 and of which the gross vehicle mass exceeds 3 500 kilograms, or

(b) was registered for the first time on or after 1 January 1989, unless the following particulars in respect of such minibus, bus, a goods vehicle or mobile crane are clearly imprinted or stamped on a metal plate or plates affixed in an accessible place on a door post, under the bonnet or on the dash board of the vehicle concerned or, in the case of a trailer, on the left side thereof in any conspicuous place:

(i) The tare in kilograms (denoted as T);

(ii) the gross vehicle mass in kilograms (denoted as GVM/BVM);

(iii) the gross axle massload or gross axle unit massload of each axle or axle unit in kilograms (denoted as GA/BA and GAU/BAE, respectively);

(iv) in the case of a semi-trailer the gross kingpin massload as specified by the manufacturer (denoted as GKM/BSM);

(v) the gross combination mass in kilograms (denoted as GCM/BKM)

(aa) in the case of a vehicle that is used to draw any other vehicle; and

(bb) in the case of a breakdown vehicle registered for the first time from the date of commencement of this item;

[Item (v) substituted by Gen N 2116/2001]

(vi) where applicable, the net power in kilowatts as determined in accordance with or calculated with due regard to code of practice SABS 013 “The determination of performance (at net power) of internal combustion engines”;

(vii) the permissible maximum vehicle mass referred to in regulation 236 in kilograms (denoted as V): Provided that this item is not applicable in respect of a semi-trailer;

(viii) the permissible maximum axle massload referred to in regulation 234 or axle unit massload referred to in regulation 235 of each axle or axle unit in kilograms (denoted as A and AU/AE, respectively); and

(ix) the permissible maximum drawing vehicle mass referred to in regulation 244(c) (denoted as D/T).

Provided that the provisions of this subregulation shall not apply to a goods vehicle or mobile crane the gross vehicle mass of which does not exceed 3 500 kilograms and which was registered for the first time on or after 1 January 1989, and that has fitted;

a) a metal data plate or plates affixed by rivets, or by welding, or by any other method that will achieve permanency of attachment during the life of the vehicle, in a conspicuous and readily accessible position on a part not subject to replacement, or

b) a self-adhesive tamperproof metal or plastics label that is not transferable from one vehicle to another, is clearly legible, and undergoes permanent and obvious damage on removal. The self adhesive tamperproof label shall be resistant to engine oils, to engine coolants, to normal engine temperatures and to humidity, in a conspicuous and readily accessible position on a part not subject to replacement, with the following particulars of such goods vehicle or mobile crane, legibly and indelibly printed or stamped, with the following details:

i) the gross vehicle mass, in kilograms, for the model type, denoted and prefixed by the letters GVM/BVM;

ii) the gross combination mass, in kilograms, for the model type, denoted and prefixed by the letters GCM/BKM; and

iii) the gross axle mass-load of each axle, or the gross axle unit mass-load of each axle unit, in kilograms, for the model type, denoted and prefixed by the letters GA/BA or GAU/BAE, as applicable.

Provided further that if the information is supplied in the following order, the abbreviations given in i), ii) and iii) above are not required:

a) gross vehicle mass;

b) gross combination mass; and

c) gross axle masses in the order front to rear.

[Proviso inserted by GN R404/2007]

(2) No person shall operate on a public road a tractor unless it is fitted with a metal plate on which is imprinted-

(a) the net power of the engine in kilowatts as determined in terms of code of practice SABS 013 “The determination of performance (at net power) of internal combustion engines”, Part 1: “Road vehicle internal combustion engines at sea level”, Part 2: “Compression ignition engines and altitude”, Part 3: “Agricultural vehicle internal combustion engines at sea level” (denoted as P/D);

(aA) within six months from the date of commencement of this paragraph, the tare in kilograms (denoted as T);

[Para. (aA) inserted by Gen N 2116/2001]

(b) the gross combination mass in kilograms (denoted as GCM/BKM); and

Provided that the provisions of this subregulation shall apply-

(i) from 1 January 1993 in respect of a tractor which according to the registration certificate thereof was registered for the first time on or after 1 January 1993; and

(ii) from 1 January 1995 in respect of a tractor which according to the registration certificate thereof was registered for the first time before 1 January 1993.

[Reg. 245 amended by GN R846/2014 w.e.f. 31 October 2014]

245A.Certain vehicles to display notice of load

(1) No person shall operate on a public road- -

(a) a bus;

(b) a minibus-

(i) the gross vehicle mass of which exceeds 3 500 kilograms; or

(ii) which is designed or modified for the conveyance of more than 9 persons, including the driver;

[Subpara. (ii) substituted by GN 871/2005 and GN R891/2006]

(c) a minibus , midibus or bus operating in terms of an operating licence issued in accordance with the provisions of the NLTTA, unless it is conspicuously displayed inside such vehicle in numerals of at least 75 millimetres high, a notice stating the load that may be carried on such vehicle in the terms set out in subregulation (2).

[Para. (c) substituted by GN 871/2005 and GN R891/2006]

(2) The notice shall -

(a) in the case of a bus referred to in subregulation (1) that is permitted to convey persons, including wheelchair users and goods, be worded as follows:

CERTIFIED TO CARRY.....PASSENGERS SEATED AND ....PASSENGERS STANDING.........KG GOODS AND........WHEELCHAIR USERS. - (the latter only in vehicles with provision for wheelchairs).

(b) in the case of a midibus referred to in subregulation (1) that is operating in terms of an operating licence issued in accordance with the NLTTA and is permitted to convey persons only including wheelchair users, be worded as follows:

CERTIFIED TO CARRY.......PASSENGERS SEATED AND......PASSENGERS STANDING 0 KG GOODS AND......WHEELCHAIR USERS (the latter only in vehicles with provision for wheelchairs).

[Subreg. (2) substituted by GN 871/2005 and GN R891/2006]

(3) The requirements for wheelchairs and anchorage shall comply with SANS 10370 “Road vehicles designed or adapted for use by or transporting persons with disabilities.

[Subreg. (3) inserted by GN R891/2006]

(3) The number of passengers and the mass in kilograms of the goods indicated on the notice shall not exceed the maximum number of passengers and the maximum mass of the goods that may lawfully be carried on the vehicle in terms of Part IV and regulation 263.

[Reg. 245A inserted by Gen N 2116/2001]

245B.Special needs accessibility

(1) No person shall operate on a public road a rapid transport bus or a rapid transport bus-train or a rapid transport feeder bus or midibus, unless it is provided with;

(a) facilities and equipment to accept and secure wheelchairs in accordance with SANS 10370;

(b) seats, known as priority seats for passengers with special needs, which shall be situated in a position near to a door that is suitable for boarding and alighting and shall comply with clause 3.2 of Annex 8 of SANS 20107. The colour of the priority seats shall contrast with the colour of the other seats in the rapid transport bus or rapid transport bus-train or rapid transport feeder bus or midibus;

(c) communication devices shall be placed adjacent to priority seats and within spaces for securing wheelchairs. The devices shall comply with clause 3.3 of Annex 8 of SANS 20107;

(d) vehicles fitted with space for wheelchairs shall display pictograms in accordance with Annex 4 of SANS 20107 and which are visible from the outside of the vehicle, both on the front nearside and adjacent to the relevant boarding and alighting door. Such pictograms (Figure 23A or Figure 23B) shall also be placed internally adjacent to the wheelchair space or the priority seat;

(e) steps, ramps and lifts shall be in accordance with SANS 10370.

(2) The facilities and equipment in subregulation (1) shall be provided at the following minimum rates:-

(a) In the case of a rapid transport bus at least one wheelchair, and six priority seats;

(b) In the case of rapid transport bus-train at least two wheelchairs, and eight priority seats;

[Reg. 245B inserted by GN R359/2010]

246. Manner in which goods to be carried

No person shall operate on a public road a motor vehicle carrying any goods-

(a) in such a manner as to come into contact with the surface of the public road on which the vehicle is being operated but a chain, known as a “static chain”, may be carried in contact with the surface of such road;

(b) in such a manner as to obscure the driver’s view of traffic to the front or on either side, or his or her view in the rearview mirror or mirrors of traffic to the rear;

(i) safely contained within the body of such vehicle; or

(ii) securely fastened to such vehicle, and which are not properly protected from being dislodged or spilled from such vehicle;

(d) on the roof thereof, in the case where such vehicle is a motorcar, if the height of such goods measured from the highest point of such roof exceeds one-half of the height of the motor car, measured from ground level: Provided that the provisions of this paragraph shall not be applicable in respect of pedal cycles being transported on the roof of a motor vehicle; or

(e) in any container, which has provision for fastening by means of “twist locks”, unless such container is securely fastened by at least four “twist locks” and the provision of this paragraph are also applicable to empty containers carried on a motor vehicle, but two twist locks may be used to fasten a container which, measured parallel to the length of the vehicle, is at least one comma five metre in length and less than three metres in length.

247. Circumstances under which persons may be carried on goods vehicle

No person shall operate on a public road a goods vehicle conveying persons unless that portion of the vehicle in which such persons are being conveyed is enclosed to a height of

(a) at least 350 millimetres above the surface upon which such person is seated; or

(b) at least 900 millimetres above the surface on which such person is standing, in a manner and with a material of sufficient strength to prevent such person from failing from such vehicle when it is in motion.

Provided that no person shall be conveyed in the goods compartment together with any tools or goods, except their personal effects, unless that portion in which such persons are being conveyed is separated by means of a partition, from the portion in which such goods are being conveyed.

[Proviso inserted by GN R404/2007]

[Reg. 247 amended by GN R761/2000]

248. Presumptions

(1) If, in a prosecution for an offence under regulations 234 to 243 inclusive, an allegation is made in the charge sheet or summons in relation to-

(a) the gross vehicle mass;

(b) the gross axle mass;

(d) the gross combination mass;

(e) the net power in kilowatts of any bus, haulage tractor or goods vehicle;

[Para. (e) substituted by GN R846/2014 w.e.f. 31 October 2014]

(f) the permissible maximum vehicle mass referred to in regulation 236;

(g) the permissible maximum combination mass referred to in regulation 237; or

(h) the permissible maximum axle massload or maximum axle unit massload, referred to in regulation 234 or 235 respectively, such allegation shall, in the absence of evidence to the contrary, be presumed to be correct.

(2) The fact that differing results may be obtained on successive attempts at determining the axle massload of an axle which is part of an axle unit shall not, by itself, prove the massload alleged in a prosecution, to be incorrect.

(3) In a prosecution for an alleged offence in terms of regulation 241, any distance in metres alleged on the charge sheet or summons, used to calculate the maximum permissible massload of any group of axles, shall in the absence of evidence to the contrary, be deemed to be correct.

(4) The massloads of all the individual axles of-

(a) an axle unit, may be added to obtain the total massload of such axle unit;

(b) a group of axles, may be added to obtain the total massload of such group of axles;

(d) a combination of vehicles, may be added to obtain the total massload of such combination of vehicles.

(5) Notwithstanding anything to the contrary contained in these regulations, where an owner of a motor vehicle has been issued with a motor vehicle licence for that vehicle, such owner shall not be competent, in respect of the year to which such licence is applicable, to prove that the tare of such vehicle is either greater or less than the tare upon which the fees payable for such licence were calculated: Provided that the provisions of this subregulation shall not apply in respect of an owner of a motor vehicle who is prosecuted for and found guilty of a contravention of section 67 of the Act where such contravention relates to the tare referred to in this subregulation.

249. Certain vehicles exempt from provisions of this Part

(1) Except for a breakdown vehicle, any vehicle, which is a drilling machine, a mobile crane, a fork lift, a straddle truck, a road making machine, an earthmoving machine, an excavation machine, a construction machine or a loading machine, is, except for the provisions of regulations 234 to 245, exempt from the provisions of this Part: Provided that-

(a) no such vehicle shall be operated on the roadway of a public road during the period between sunset and sunrise and at any other time when, due to insufficient light or unfavourable weather conditions, persons and vehicles upon the public road would not be clearly discernible at a distance of 150 metres;

(c) no such vehicle, other than a mobile crane which is operated for the purpose of removing any hazard or obstruction on a freeway, shall be operated on a freeway.

(2) Any vehicle, including a tractor, which is not a goods vehicle and which is used solely for bona fide agricultural, horticultural, viticultural or pastoral pursuits and when operated on a public road, is exempt from the provisions of this Part, except for the provisions of regulations 234 to 245 in so far as it relates to the tare, gross vehicle mass and maximum permissible drawing vehicle mass: Provided that-

(a) no such vehicle shall be operated on the roadway of a public road during the period between sunset and sunrise and at any other time when, due to insufficient light or unfavourable weather conditions, persons and vehicles upon the public road would not be clearly discernible at a distance of 150 metres;

Part V

Provisions relating to passenger carrying vehicles

250. Persons not to be carried in goods compartment for reward

No person shall on a public road carry any person for reward in the goods compartment of a motor vehicle.

251. Sides and roof

(1) No person shall operate, on a public road, a minibus, midibus or bus unless -

(a) the sides of the passenger compartment of a minibus, midibus or bus are enclosed to the height of at least 600 millimetres from the floor with material which is durable and weatherproof;

(b) such minibus, midibus or bus is provided with a weatherproof roof.

(2) No person shall operate a midibus, a minibus or bus operating in terms of an operating licence issued in accordance with the provisions of the NLTTA registered for the first time after 5 October 2001 on a public road, unless the height, along the longitudinal center-line, between the floor and the lowest part of the roof structure of such bus or minibus, between the floor and the ceiling of the lower deck of a double deck bus, as the case may be.

(a) is in the case of a bus conveying standing persons, not less than 1,75 metres in the areas where persons may stand in terms of regulation 263;

(b) in the case of a minibus not conveying standing persons, is not less than 1,5 metres; and in the case of a midibus, is not less than 1,75 metres; and

[Subreg. (2) substituted by GN R404/2007 and GN R359/2010]

(3) A minibus or midibus operating in terms of an operating licence issued in accordance with the provisions of the NLTTA shall not carry standing persons.

[Reg. 251 substituted by Gen N 2116/2001, amended by GN R871/2005 and substituted by GN R891/2006]

252. Entrances, exits and emergency exits of minibuses and buses

(1) (a) A minibus, midibus or bus operating in terms of an operating licence issued in

accordance with the provisions of the NLTTA shall be equipped with at least one passenger entrance leading from the left front side of such vehicle: Provided that: the provisions of this subregulation shall not apply to double deck bus which has a passenger entrance at the rear leading to the passenger compartment

[Para. (a) substituted by GN 871/2005 and GN R891/2006]

(b) A minibus, midibus or bus shall have at least one emergency exit for every 12 persons, on the right or left hand side or the rear thereof: Provided that, a door fitted for the use of the driver of such minibus, midibus or bus which is accessible to passengers, may be deemed to be such emergency exit.

[Para. (b) substituted by GN 871/2005, corrected by Gen N 1318/2005 and substituted by GN R891/2006]

(i) on both sides in the floor; or

(ii) on both sides towards the front or rear:

Provided that, in the case of a single deck bus an emergency exit may be fitted in the roof of such bus in place of the emergency exits required on both side.

[Para. (c) substituted by GN 871/2005 and GN R891/2006]

(d) The upper deck of a double deck bus shall have emergency exits -

(i) in the rear; or

(ii) on both sides and in the roof, of such upper deck,

(iii) and the number of emergency exits shall be evenly distributed throughout the vehicle.

[Para. (d) substituted by GN 871/2005 and GN R891/2006]

(e) An emergency exit shall have dimensions of at least 800 by 400 millimetres or 700 by 500 millimetres and shall be capable of being opened from the inside and outside and shall not open inwards.

[Para. (e) substituted by GN 871/2005 and GN R891/2006]

(f) An emergency exit shall not be so positioned that the passengers have to pass through a goods compartment of a minibus or bus or via the stairs of a double decker bus to reach such emergency exit.

(g) Escape hatches, knock-out windows or knock-out panels may be used as emergency exits and if a minibus or bus is operated for reward such hatches, windows or panels shall be marked with the words “emergency exit’ and “nooduitgang” on the inside and outside in letters of at least 50 millimetres in height.

(h) A door of the size and operating characteristics referred to in paragraph (e) may be used as an emergency exit.

(i) No entrance for persons, other than the driver, shall be provided on the right hand side of the longitudinal centre-line of a minibus or bus operating for reward.

Provided that this provision shall not apply to a rapid transport bus, a rapid transport bus-train or a rapid transport feeder bus or midibus.

[Proviso inserted by GN R359/2010]

(2) In the case of a minibus or bus that has been converted from a goods vehicle, the requirements of paragraphs (a), (b), (c), (f), (g) and (h) of subregulation (1) shall be deemed to be satisfied if openings complying with the requirements of paragraph (e) of subregulation (1) are provided.

Provided that emergency exits fitted to any minibus, midibus or bus operating in terms of an operating licence issued in accordance with the provisions of the NLTTA, and first registered on or after 1 July 2009, shall comply with the requirements of standard specification SANS 20107 “Uniform provisions concerning the approval of category M2 or M3 vehicles with regard to their general construction”.

[Proviso inserted by GN R404/2007, commencement date published in GN R1248/2009 and substituted by GN R359/2010]

(Commencement date of proviso: 1 July 2009)

(3) Notwithstanding the requirements of subregulation (1) and (2) above, rapid transport buses and rapid transport bus-trains shall have at least the following number, size and position of doors:-

(a) rapid transport trunk bus - two doors on the right and one emergency exit on the left;

(b) rapid transport trunk bus-train - three doors on the right and two emergency exits on the left;

(d) rapid transport complementary bus-train - one door on the left and three doors on the right; and

(e) doors on the right shall provide a clear opening of at least 1100 millimetres and doors on the left shall provide a clear opening of at least:

(i) 650 millimetres in the case of a rapid transport trunk bus or rapid transport trunk bus-train, and

(ii) 850 millimetres in the case of a rapid transport complementary bus or rapid transport complementary bus-train

(f) the pitch of the various door configurations on the right shall be 6, 0 metres, and 3, 8 metres, and for any double doors 1, 4 metres (200 millimetre tolerance).

[Subreg. (3) inserted by GN R359/2010]

(4) The floor height above the ground at the doorways on the right-hand side of a rapid transport bus or a rapid transport bus-train shall be equal to or less than 940 millimetres (30 millimetre tolerance) or shall be less than 500 millimetres.

[Subreg. (4) inserted by GN R359/2010]

253. Entrances and exits to be fitted with doors

No person shall operate a minibus, midibus or bus on a public road, unless -

(a) every entrance to or exit from the minbus, midibus or bus is fitted with a door or other effective barrier; and

(b) such door or barrier is properly closed when the minibus midibus, or bus is in motion with persons thereon.

[Reg. 253 amended by GN 871/2005, corrected by Gen N 1318/2005 and substituted by GN R891/2006]

254. Stairs

The stairs to the upper deck of a double-deck bus shall be provided with a hand rail on each side as well as a partition or screen at each side of the stairs of sufficient strength to prevent any person from slipping off the side of any step.

255. Passageways

(1) No person shall operate on a public road -

(a) a minibus operating in terms of an operating license issued in accordance with the provisions of the NLTTA, first registered after 04 September 2006 unless the passageway of such minibus as an unimpeded longitudinal passageway which is at least -

(i) 300 millimetres wide from floor to seat level; and

(ii) 350 millimetres wide above any armrests.

(2) No person shall operate on a public road a midibus or bus operating in terms of an operating license issued in accordance with the provisions of the NLTTA, first registered after 04 September 2006, unless the passenger compartment of such midibus or bus has an unimpeded longitudinal passageway with a cross passageway, which passageways are at least -

(i) 300 millimetres wide from floor to seat level; and

(ii) 350 millimetres wide above any armrests.

Provided further that in the case of a rapid transport bus or rapid transport bus-train the width of the passageways shall be at least-

(i) 620 millimetres wide measured at any point for vehicles with a floor height of 940 millimetres (30 millimetre tolerance), and

(ii) 450 millimetres wide measured at any point for vehicles with a floor height of less than 500 millimetres.

[Proviso inserted by GN R359/2010]

[Reg. 255 substituted by GN 871/2005 and GN R891/2006]

256. Seats

(1) No person shall operate on a public road a minibus, midibus or bus operating in terms of an operating license issued in accordance with the provision of the NLTTA unless the driving seat of such minibus, midibus or bus is adjustable and has a partition immediately behind it and is so placed as to afford the driver ample space for controlling the minibus, midibus or bus.

[Subreg. (1) substituted by GN 871/2005 and GN R891/2006]

(2) Subject to subregulation (3), no person shall operate on a public road a minibus first registered on or before 4 September 2006, operating in terms of an operating license issued in accordance with the provision of the NLTTA, unless a seat provided for a passenger in such minibus has-

[Words preceding para. (a) substituted by GN 359/2010]

(a) a backrest of which the -

(i) top shall be at least 350 millimetres from seat level;

(ii) bottom shall be not more than 200 millimetres from seat level; the width, including the frame, shall be at least 340 millimetres, for every passenger for whom seating accommodation is provided on the seat;

(b) a seat height from the floor or footrest of such seat at seat level of at least 250 millimetres, except where a seat is positioned over the wheel arch where no limit shall apply;

(d) a seat width in accordance with regulation 233(2);

(e) in the case of a seat facing a partition or similar obstruction, a horizontal distance between the front of the backrest of such seat at seat level to such partition or obstruction of at least 570 millimetres;

(f) in the case where seats face each other, a horizontal distance between the fronts of the backrests of such seats at seat level of at least 1 200 millimetres;

(g) in the case where seats face in the same direction, a horizontal distance between the front of the backrest of any such seat, at seat level, and the back of the backrest of the seat in front, of at least 570 millimetres.

[Subreg. (2) substituted by GN 871/2005, corrected by Gen N 1318/2005 and substituted by GN R891/2006]

(3) Where in subregulation (2) a reference is made to a maximum or minimum dimension, a tolerance of 10 millimetres above any such maximum and below any such minimum shall be permissible.

(4) No seat in a bus shall face an entrance or have a side of such seat opposite an entrance, unless a rail or partition is provided between such seat and entrance: Provided that a rail may be fixed to the seat if the side of, such seat faces an entrance.

(5) Every seat in a minibus, midibus or bus shall be securely fixed to such minibus, midibus or bus.

[Subreg. (5) substituted by GN 871/2005 and GN R891/2006]

(6) Subject to subregulation (3), no person shall operate any minibus, midibus or bus, first registered after 04 September 2006, operating in terms of an operating licence and issued in accordance with the provision of the NLTTA, unless a seat provided for a passenger in such minibus, midibus or bus has -

(a) a backrest of which the -

(i) top shall be at least 600 millimetres from seat level; the width, including the frame, shall be at least 400 millimetres at seat level, and the top may be tapered to a width of more than 250 millimetres; or if the seat design incorporates an integral headrest, top may be tapered to a width of 200 millimetres, for every passenger for whom seating accommodation is provided on the seat;

(b) a seat height from the floor or footrest of such seat to seat level of at least 400 millimetres, except where a seat is positioned over a wheel arch where no such limit shall apply ;

(d) a seat width in accordance with regulation 233(2);

(e) in the case where a seat faces a partition or similar obstruction, a horizontal distance between the front of the backrest of such seat at seat level to such partition or obstruction of at least 600 millimetres;

Provided that in the case of a rapid transport bus or rapid transport bus-train the pitch measured from one part of a seat to the same part of the seat in front at seat level shall be at least 730 millimetres;

[Proviso inserted by GN R359/2010]

(f) in the case where seats face each other , a horizontal distance between the fronts of the backrests of such seats at seat level of at least 1 300 millimetres;

Provided that in the case of a rapid transport bus or rapid transport bus-train it shall be at least 1 460 millimetres.

[Proviso inserted by GN R359/2010]

(g) in the case where seats face in the same direction, a horizontal distance between the front of the backrest of any such seat, at seat level, and the back of the seat in front, of at least 600 millimetres;

Provided that in the case of a rapid transport bus or rapid transport bus-train this shall be at least 730 millimetres.

[Proviso inserted by GN R359/2010]

(h) seats and anchorages that meet the requirements of SANS 1429 “Strength of seats and their anchorages “ or SANS 1564 ‘The strength of seats (and their anchorages ) of large passenger buses.

[Subreg. (6) inserted by GN 871/2005, corrected by Gen N 1318/2005 and inserted by GN R891/2006]

(7) No fold-up or jockey seat, shall be permitted in any minibus or midibus first registered on or after 4 September 2006 and operating in terms of an operating licence issued in accordance with the provisions of the NLTTA.

[Subreg. (7) inserted by GN 871/2005 and GN R891/2006 and substituted by GN R589/2009]

(8) Not more than one front seat for a passenger shall be provided for in a minibus or midibus operating for reward and which is first registered on or after 4 September 2006: Provided that the provisions of this subregulation shall not apply to a minibus or midibus operating for reward and which is first registered on or after 1 March 2014.

[Subreg. (8) inserted by GN R891/2006 and substituted by GN R589/2009 anf GN R846/2014 w.e.f. 31 October 2014]

(9) Where, in subregulation (6), a reference is made to a maximum or minimum dimension, a tolerance of 10 millimetres above any such maximum and below any such minimum shall be permissible.

[Subreg. (9) inserted by GN R891/2006]

(10) In the case of a rapid transport bus or a rapid transport bus-train the following additional requirements shall apply-

(a) seats that are forward or rearward-facing shall be arranged such that there shall be no more than four seats in a row and no more than two pairs of seats in a row, except that, the rear row may have more seats;

(b) seats shall be permitted in the turntable area of a rapid transport bus-train provided that the passengers are protected from the effects of relative movement of parts of the bus when the bus-train turns;

(c) seats which can be tipped up to provide more floor space are not permitted, except in cases of providing room for a wheelchair; and

(d) seats facing sideways are permitted.

[Subreg. (10) inserted by GN R359/2010]

257. Goods carried in minibus or bus conveying persons for reward

No person shall carry goods in a minibus or bus conveying persons for reward unless such goods-

(a) are placed in a suitable goods compartment or containers;

(b) are so placed that it does not constitute a danger to such persons; and

258. Windows and windscreens

(1) A minibus or bus operating for reward-

(a) shall have a continuous row of windows on the left and right hand side of the passenger compartment and such windows, other than the windows of entrance and exit doors and the first and the last side window, shall each have a frame, in the case of

(i) a minibus, of not less than 345 millimetres by 450 millimetres; and

(ii) a bus of not less than 450 millimetres by 450 millimetres;

(b) shall have an overall window area of not less than 25 percent of the floor area of the passenger compartment;

(c) shall have windows which can be opened to the same extent so that the total area of the open spaces shall be not less than five percent of the floor area of the passenger compartment, other than in the case of a bus with a system of forced ventilation induced by mechanical means, whether such bus is stationary or in motion; and

(d) may have other windows in addition to those referred to in paragraphs (a), (b) and (c).

(2) At least every alternate window in each side of a minibus or a bus operating for reward, other than a bus having a system of forced ventilation induced by mechanical means, whether such bus is stationary or in motion, shall be capable of being opened.

(3) No window in a bus operating for reward shall be capable of being opened in such a manner that a person seated in a normal position is able to put his or her elbow out of the window.

(4) Every window-pane, windscreen and transparent partition of a minibus or bus operating for reward shall be maintained in a sound, unbroken and clear condition.

259. Fuel receptacles, etc

(1) A minibus or bus operating for reward-

(a) shall have fuel tanks, fuel receptacles and fuel pipes which are free of leaks and which are not placed inside the body or steering cabin; and

(b) shall have the filling orifice of a fuel tank placed outside the body or steering cabin.

(2) No main fuel tank shall be placed close to the engine of a bus operating for reward.

260. Fire extinguishers

(1) Every minibus operating for reward shall carry in a readily accessible position at least one fire extinguisher which shall be of

(a) the dry powder type with a capacity of at least one kilogram; or

(b) the halogenated hydrocarbon type (BCF) with a capacity of at least one kilogram, and which shall be in good working order.

(2) Every bus operating for reward shall carry in a readily accessible position at least one fire extinguisher which shall be of-

(a) the dry powder type with a capacity of at least two and a half kilograms; or

(b) the halogenated hydrocarbon type (BCF) with a capacity of at least one kilogram,

and which shall be in good working order.

261. Rearview mirrors

In addition to the rearview mirror prescribed for motor vehicles in regulation 204, every bus operating for reward shall be fitted with a rearview mirror which shall enable the driver of the bus, when he or she is in the driving position, to see a reflection of every entrance and exit of the bus.

262. Tilt angle

(1) No person shall operate a double-deck bus on a public road unless such bus is capable of being tilted sideways to an angle of at least 23 degrees in either direction from the upright position without overturning while-

(a) every seat on the upper deck of the bus carries a mass of 68 kilograms;

[Para. (a) amended by GN R1341/2003]

(b) an additional mass of 68 kilograms is placed on the upper deck of the bus to represent a conductor;

[Para. (b) amended by GN R1341/2003]

(d) except for a mass of 68 kilograms on the driving seat, the lower deck of the bus is empty; and

[Para. (d) amended by GN R1341/2003]

(e) the bus is ready for the road, except for an empty fuel tank.

(1A) No person shall operate a minibus, midibus or single deck bus on a public road after 4 September 2006, unless such minibus, midibus or single-deck bus is capable of being tilted sideways at an angle of at least 28 degrees in either direction from the upright position without overturning while each seat is loaded with a mass of 68 kilograms.

[Subreg. (1A) inserted as (1) by GN 871/2005, corrected by Gen N 1318/2005 and inserted by GN R891/2006 and substituted by GN 359/2010]

(1B) For the purposes of issuing a certification of roadworthiness in respect of a double-deck or single-deck bus, which includes a midibus, an examiner may demand the production of a manufacturer’s certificate or other like certificate which certifies that such minibus, midibus or bus complies with the provisions of subregulation (1).

[Subreg. (1B) inserted as (1) by GN 871/2005, corrected by Gen N 1318/2005 and inserted by GN R891/2006]

(2) For the purposes of issuing a certification of roadworthiness in respect of a double-deck bus, an examiner of vehicles may demand the production of a manufacturer’s certificate or other like certificate which certifies that such bus complies with the provisions of subregulation (1).

263. Standing persons

(1) No person shall operate on a public road a bus in which a person is standing-

(a) on any upper deck, steps, stairs or open platform;

(b) in the cross passageway referred to in regulation 255; or

(c) in any area of a bus first registered after 04 September 2006 with a ceiling height of less than one comma seven five metres except when entering or leaving such bus;

[Para. (c) substituted by GN 871/2005, corrected by Gen N 1318/2005 and substituted by GN R891/2006]

(2) The maximum number of standing persons which may be carried in a bus shall be calculated in accordance with the formula-

A-B

in which formula-

(a) “A” represents the total clear floor space in square metres of the bus;

(b) “B” represents the total clear floor space in square metres of the areas referred to in subregulation (1); and

(c) “C” represents the figure zero comma one-two-five being the clear floor space in square metres which shall be available for each standing person.

Provided that in the case of a rapid transport bus or rapid transport bus-train this figure shall be zero comma one six.

[Proviso insereted by GN R359/2010]

(3) A bus carrying standing, persons shall be equipped with sufficient hand straps, handrails or grab handles for all standing persons.

(4) No person shall on a public road operate a minibus or midibus operated in terms of an operating licence issued in accordance with the NLTTA (Act No.22 of 2000 ) in which a person is permitted to stand.

[Subreg. (4) substituted by GN 871/2005]

264. Special provisions relating to school buses

Notwithstanding the provisions of regulations 232, 233, 252, and 256, in the case of a school bus registered prior to 1 April 1991

(a) the number of persons permitted on any seat shall be determined at the rate of 330 millimetres per person, measured at the widest part of such seat with the doors closed:

Provided that the provisions of regulation 231 shall not apply;

(b) a seat shall-

(i) have a backrest-

(aa) the top of which shall be at least 300 millimetres from seat level; and

(bb) the bottom of which shall be not more than 75 millimetres from seat level;

(ii) be of a height, from the floor or footrest of such seat to the seat level, of at least 300 millimetres and not more than 460 millimetres;

(iii) have a depth, from the front of the seat to the front of the backrest thereof, of at least 300 millimetres;

(iv) have a width in accordance with the provisions of paragraph (a);

(v) where such seat faces in the same direction as another seat, have a horizontal distance at seat level, between the front of the backrest of such seat and the back of the backrest of the seat in front of the first mentioned seat, of at least 530 millimetres;

(vi) where such seat faces a partition or similar obstruction, have a horizontal distance at seat level, between the front of the backrest of such seat and such partition or obstruction, of at least 530 millimetres; and

(vii) where such seat faces another seat, have a horizontal distance at seat level, between the fronts of the backrests of such seats, of at least one comma zero six metres; and

(c) for the purpose of determining the number of persons who may be carried on such bus, the mass of a person together with his or her personal effects shall be taken as 45 kilograms.

264A. Destination indicators

(1) A bus conveying persons for reward on a fixed route, other than a school bus, may be fitted in the front with a destination indicator on which the destination of, or route to be followed by, such bus shall be clearly indicated.

(2) The destination indicator shall be of an electronic type, or of a manual roller type, which can be scrolled up or down to indicate either the secondary or main destination.

(3) An amber lamp shall illuminate the destination indicator during the period between sunset and sunrise and at any other time when, due to insufficient light or unfavourable weather conditions, persons and vehicles upon the public road are not clearly discernible at a distance of 150 metres.

[Reg. 264A inserted by Gen N 2116/2001]